General and Further Education and Training Quality Assurance Act
R 385
Government Employees Pension Law, 1996Schedule 1 : Rules of the Government Employees Pension Fund4. Management of the fund4.4 Eligibility requirements to act as a trustee of the Board |
| 4.4.1 | No person in any of the categories listed below shall be eligible for appointment or election as a trustee: |
| (a) | a person who has been or is found guilty of fraud, theft, forgery or producing a forged document, perjury, and offence involving dishonesty, any offence in connection with any company or public office or with the promotion, formation or management of a company or any other criminal offence by a court of law or properly constituted inquiry; |
| (b) | a person who has been or is declared insolvent, sequestrated or placed under curatorship and has not been rehabilitated; |
| (c) | a person who has been or is declared unfit to hold office as a public official, director of companies or any other position of trust due to mental incapacity or any other reason; |
| (d) | a person who becomes physically unfit and due to such unfitness, he or she is not, in the opinion of the Board in consultation with the necessary experts, capable of properly performing his or her duties should they be so elected; |
| (e) | a person who is declared to be mentally unfit by a competent court, or is so declared incapable to handle his/her own affairs, or if he/she is detained as a state patient in terms of the Mental Health Act 17 of 2022; |
| (f) | a person who has been or is dismissed from the service of any employer or removed from any office on account of misconduct relating to dishonesty and/or incapacity; |
| (g) | a person who is disqualified from being a director in terms of legislation; |
| (h) | a person who has previously been removed from office or debarred by any regulatory body; and |
| (i) | a minor or person who is legally incapable. |
| 4.4.2 | the Board is empowered during an election to withdraw a candidate from consideration for office in the event that it is determined that he or she is ineligible as set out in the criteria recorded in rule 4.4.1. |
