| 2) |
The Board consists of- |
| a) |
a chairperson designated by the Minister; |
| b) |
not less than six and not more than nine other members; and |
| 3) |
The Minister appoints members of the Board after- |
| a) |
publishing a notice in the Government Gazette and two national newspapers circulating in the Republic calling upon members of the public to nominate persons contemplated in subsection (2)(a) and (b); |
| b) |
appointing a panel of experts to compile a short-list of not more than twenty (20) persons from the nominees referred to in paragraph (a); |
| c) |
the chairperson of the panel has submitted a short-list of candidates together with their curriculum vitae to the Minister who must submit it to the National Assembly for approval; and |
| d) |
the National Assembly has submitted to the Minister an approved short-list from which to select. |
| 4) |
The members of the Board contemplated in subsection (2)(a) and (b) are appointed in their personal capacities and must be persons who- |
| a) |
have distinguished themselves in the field of the human sciences or who possess special qualifications, experience or skills in relation to some aspect of the functions of the Council; and |
| b) |
are citizens of or have the right of permanent residence in the Republic, with the exception of the distinguished representative of the social science research community in the rest of Africa contemplated in subsection (5)(b). |
| a) |
The composition of the Board must be broadly representative of— |
| i) |
the demographics of the Republic; and |
| ii) |
the various sectors in the field of the human sciences. |
| b) |
At least one of the members appointed to the Board must have financial expertise and at least one other member appointed to the Board must be a distinguished representative of the social science research community in the rest of Africa. |
| 6) |
A member of the Board ceases to hold office if- |
| a) |
the member resigns by written notice to the Minister; |
| b) |
the member is an unrehabilitated insolvent; |
[Section 5(6)(b) substituted by section 21(a) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2020]
| c) |
a competent court finds that the member is of unsound mind; |
| d) |
the member is convicted of an offence and sentenced to imprisonment without the option of a fine: |
| ii) |
fraud, corruption or any other crime involving dishonesty, within a period of 10 years preceding the date of nomination in terms of subsection (3)(a); |
[Section 5(6)(d)(ii) substituted by section 21(b) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2020]
| e) |
the member is absent from three consecutive meetings of the Board without the leave of the Board; |
| f) |
the member is elected as a member of the National Assembly, a provincial legislature or the council of a municipality, or is appointed as a permanent delegate to the National Council of Provinces by a provincial legislature in accordance with the Constitution and the National Council of Provinces (Permanent Delegates Vacancies) Act. 1997 (Act No. 17 of 1997); |
| g) |
the member ceases to be a citizen of or to have the right of permanent residence in the Republic, except for the distinguished representative of the social science research community in the rest of Africa contemplated in subsection (5)(b); or |
| h) |
the member as a result of improper conduct is removed from a position of trust. |
[Section 5(6)(h) substituted by section 21(c) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2020]
| a) |
The Minister may after consultation with the Board remove a member of the Board from office on reasonable grounds. |
| b) |
The Minister must inform the National Assembly of his or her decision to remove a member of the Board and the reasons thereof. |
| 9) |
If a member of the Board ceases to hold office or is removed from office in terms of subsection (7), the Minister may, subject to subsection (3), appoint a person in that member's place for the remaining part of the term of office. |
| 10) |
A member of the Board holds office for a period not exceeding four years and may be reappointed subject to subsections (6), (7) and (11). |
| 11) |
No member may serve for more than two consecutive terms except that if all the members' terms lapse at the same time the Minister may extend the terms of two members for one more term to ensure continuity. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
