| (1) |
A person ceases to be a member of the board if he or she— |
| (a) |
resigns by giving written notice to the chairperson or, in the case of the chairperson, to the Minister; |
| (b) |
is absent from three consecutive meetings of the board without the leave of the chairperson; |
| (c) |
is declared insolvent; |
| (d) |
is removed from an office of trust by a court of law; |
| (e) |
is convicted of an offence involving dishonesty or an offence for which the sentence is imprisonment without the option of a fine; |
| (f) |
is declared unfit to attend to his or her personal affairs by a court of law; or |
| (g) |
is removed from office by means of a resolution passed by at least two-thirds of the total number of serving members of the board present at the meeting on account of misconduct, incapacity to carry out his or her official functions, or on account of any other reason recognised by law. |
| (2) |
Removal of a member of the board from office is subject to the processes and procedures prescribed by notice in section 49K(2) in the Gazette, the institutional rules and or legal prescripts in general. |
| (3) |
Without limiting the generality of subsection (2), the resolution of the board contemplated in subsection (1)(g) may not be passed without prior notice to the member of the board concerned of the pending motion for his or her removal and the reasons therefore, and providing him or her with a reasonable opportunity to obtain assistance, to appear in person, and to present his or her case. |
[Section 49O inserted by section 29 of Notice No. 21, GG 40548, dated 17 January 2017]
Special Investigating Units and Special Tribunals Act, 1996
