| (1) |
Subject to subsection (3), the Minister shall appoint the members of the board, which shall consist of- |
| (a) |
a chairperson, who shall be a person with applicable knowledge or experience with regard to matters connected with the functions of the board; |
| (b) |
one member designated by the Minister; |
| (c) |
not more than five members who have proven business acumen or applicable knowledge or experience with regard to matters connected with the functions of the board, and of whom at least one should be a legal practitioner admitted to practise in the Republic and at least one a chartered accountant in the Republic; and |
[Section 3(1)(c) amended by section 5(a) of Act No. 32 of 2013]
| (d) |
the chairperson of the distributing agency as an ex-officio member with no voting rights who may only attend meetings of the board per invitation or if matters relating to the adjudication of applications for grants or distribution of grants are to be discussed. |
[Section 3(1)(d) amended by section 5(a) of Act No. 32 of 2013]
| (2) |
At least four members of the board referred to in subsection (1) shall be persons who are not in the service of any sphere of government. |
[Section 3(2) amended by section 5(b) of Act No. 32 of 2013]
| (3) |
The member contemplated in paragraph (a) of subsection (1) shall be appointed only after the Minister has by notice in the Gazette and in not less than two newspapers circulating in every province invited interested parties to nominate persons suitable for appointment as chairperson and the relevant committee of the National Assembly has made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated, having due regard to the functions of the board. |
| (4) |
A member of the board shall hold office for such period, not exceeding five years, as the Minister may determine at the time of his or her appointment, and shall be eligible for reappointment at the end of his or her first term of office for a further period not exceeding five years. |
[Section 3(4) amended by section 5(c) of Act No. 32 of 2013]
| (5) |
Subject to section 33 of the Constitution, the Minister- |
| (a) |
may, as soon as he or she gains knowledge of any possible disqualification, terminate the membership of any member of the board on the grounds of serious misconduct or prolonged inability to perform the functions as a member of the board; |
[Section 3(5)(a) amended by section 5(d) of Act No. 32 of 2013]
| (b) |
shall suspend the membership of any member of the board in the event of the State instituting criminal proceedings in a court of law on a charge of theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of 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 any offence involving dishonesty; |
| (c) |
shall terminate the membership of any member of the board in the event of that member- |
| (i) |
being found guilty in a court of law of contravening this Act or of theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 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 any offence involving dishonesty; or |
| (ii) |
materially failing to comply with subsection (7). |
| (6) |
The Minister shall, subject to subsection (3), fill a casual vacancy on the board by the appointment of another person for the remainder of the period for which the person in respect of whom the vacancy arose, had been appointed. |
| (7) |
[Section 3(7) deleted by section 5(e) of Act No. 32 of 2013] |
| (8) |
A member of the board or his or her spouse, life partner, immediate family member, business partner or associate may not for a period of 12 months after the termination of membership of the board take up employment or in any way receive any benefit from any person who is applying or has applied- |
| (c) |
in terms of this Act, for any other authorisation, registration, certification or other benefit or advantage; or |
| (d) |
in terms of any legislation pertaining to gambling, for a gambling licence, unless the terms of such employment or the nature and extent of such benefits have been disclosed to the Minister and he or she has authorised that employment or those benefits or advantages. |
| (9) |
The provisions of subsection (8) do not prevent any criminal or civil proceedings in a court of law. |
| (10) |
Any agreement in contravention of subsection (8) is null and void ab initio. |
Older Persons Act, 2006
