| (1) |
A director must, subject to subsection (2)— |
| (a) |
be a fit and proper person; |
| (b) |
be a South African citizen; |
| (c) |
not be an unrehabilitated insolvent; |
| (d) |
not be a person declared to be of unsound mind by a court of the Republic; |
| (e) |
not be a person who has been convicted in a court of first instance— |
| (i) |
of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine; or |
| (ii) |
of an offence, which involves any element of dishonesty, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, other than a conviction for an offence committed prior to 27 April 1994 associated with political objectives; or |
| (iii) |
of an offence under the Companies Act, 2008 (Act No. 7 of 2008), the Insolvency Act, 1936 (Act No. 24 of 1936), the Close Corporations Act, 1984 (Act No. 69 of 1984), the Competition Act, 1998 (Act No. 89 of 1998), the Financial Intelligence Act, 2001 (Act No. 38 of 2001), the Financial Markets Act, 2012 (Act No. 19 of 2012), or Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004): |
Provided that if the person in question lodges an appeal against the conviction or sentence, he or she must be suspended from office, pending the outcome of the appeal;
| (f) |
not have been prohibited from being a director of a company; or |
| (g) |
not have been removed from an office of trust, on the grounds of misconduct involving dishonesty. |
| (2) |
When constituting the Board in terms of section 6, the following factors must, as far as is practicable, be taken into account— |
| (a) |
the racial and gender composition of South Africa; |
| (b) |
the objects of Legal Aid South Africa and the Board; |
| (c) |
representation of persons with disabilities; |
| (d) |
provincial representation; and |
| (e) |
experience in and knowledge of— |
| (ii) |
information technology; |
| (iii) |
the provision of legal services, including experience as a practising attorney or advocate; |
| (iv) |
corporate governance; |
| (v) |
accounting or auditing; |
| (vi) |
community-based knowledge relevant to legal aid; |
| (vii) |
legal education and training; |
| (viii) |
civil and criminal proceedings and the functioning of the courts and tribunals in general; and |
| (ix) |
knowledge in public interest law. |
Statistics Act, 1999
