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Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)

Chapter Two : Construction Industry Development Board

7. Period and conditions of membership

 

(1) Board members hold office for a period not exceeding three years, on the conditions determined by the Minister.

 

(2) A Board member may not serve for more than two consecutive terms, unless the Minister considers it necessary to reappoint a member, to ensure continuity or on the grounds of the specific expertise of that member.

 

(3) A third of the Board members must be reappointed, but if it is not possible to do so, a number as near to a third of the members as possible may be so appointed.

 

(4) A member must immediately vacate office if he or she—
(a) is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury or any offence involving dishonesty or of any offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or the Companies Act, 1973 (Act No. 61 of 1973), or of contravening this Act;
(b) becomes a political office bearer;
(c) becomes an insolvent as contemplated in section 6(8)(c);
(d) has been removed from an office of trust on account of misconduct;
(e) is relieved of his or her duties under subsection (5); or
(f) without authorisation discloses or improperly acts on information gained as a result of his or her membership of the Board.

 

(5) The Minister must, in writing, immediately relieve any member of his or her duties if that member has—
(a) failed to vacate his or her office in terms of subsection (3) or (4);
(b) failed to comply with section 6(8);
(c) failed to attend two consecutive meetings of the Board without leave of the Board as noted in the minutes of those meetings, which leave may be granted retrospectively; or
(d) failed to uphold and advance the objects of the Board.

 

(6) If a member dies or vacates his or her office before the expiry of the period for which he or she was appointed, the Minister may appoint another person in accordance with section 6, to fill the vacancy for the remaining portion of the period for which that member was appointed.