A person may not be appointed as or remain as a member of the Board, as the case may be, if that person—
(a) |
is an unrehabilitated insolvent or becomes insolvent and the insolvency results in the sequestration of that person’s estate; |
(b) |
has been declared by a competent court to be mentally ill; |
(c) |
has been convicted, in the Republic or elsewhere, of theft, fraud, forgery, perjury or any other offence involving dishonesty; |
(d) |
has been convicted of any other offence, whether in the Republic or elsewhere, committed after the Constitution of the Republic of South Africa, 1993, took effect, and sentenced to imprisonment without the option of a fine; |
(e) |
has been, or is, removed from an office of trust on account of misconduct in respect of fraud or the misappropriation of money; |
(f) |
is otherwise disqualified from serving as a member of a board in terms of the Companies Act, 2008 (Act No. 71 of 2008); or |
(g) |
has or acquires an interest in a business or enterprise which may conflict or interfere with the proper performance of his or her functions as a member of the Board. |