| (1) |
The National Director shall hold office for a non-renewable term of 10 years, but must vacate his or her office on attaining the age of 65 years. |
| (3) |
If the National Director or a Deputy National Director attains the age of 65 years after the first day of any month, he or she shall be deemed to attain that age on the first day of the next succeeding month. |
| (4) |
If the President is of the opinion that it is in the public interest to retain a National Director or a Deputy National Director in his or her office beyond the age of 65 years, and— |
| (a) |
the National Director or Deputy National Director wishes to continue to serve in such office; and |
| (b) |
the mental and physical health of the person concerned enable him or her so to continue, |
the President may from time to time direct that he or she be so retained, but not for a period which exceeds, or periods which in the aggregate exceed, two years: Provided that a National Director' s term of office shall not exceed 10 years.
| (5) |
The National Director or a Deputy National Director shall not be suspended or removed from office except in accordance with the provisions of subsections (6), (7) and (8). |
(6)
| (a) |
The President may provisionally suspend the National Director or a Deputy National Director from his or her office, pending such enquiry into his or her fitness to hold such office as the President deems fit and, subject to the provisions of this subsection, may thereupon remove him or her from office— |
| (ii) |
on account of continued ill-health; |
| (iii) |
on account of incapacity to carry out his or her duties of office efficiently; or |
| (iv) |
on account thereof that he or she is no longer a fit and proper person to hold the office concerned. |
| (b) |
The removal of the National Director or a Deputy National Director, the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. |
| (c) |
Parliament shall, within 30 days after the message referred to in paragraph (b) has been tabled in Parliament, or as soon thereafter as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of the National Director or Deputy National Director so removed, is recommended. |
| (d) |
The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves. |
| (e) |
The National Director or a Deputy National Director provisionally suspended from office shall receive, for the duration of such suspension, no salary or such salary as may be determined by the President. |
| (7) |
The President shall also remove the National Director or a Deputy National Director from office if an address from each of the respective Houses of Parliament in the same session praying for such removal on any of the grounds referred to in subsection (6)(a), is presented to the President. |
(8)
| (a) |
The President may allow the National Director or a Deputy National Director at his or her request, to vacate his or her office— |
| (i) |
on account of continued ill-health; or |
| (ii) |
for any other reason which the President deems sufficient. |
| (b) |
The request in terms of paragraph (a)(ii) shall be addressed to the President at least six calendar months prior to the date on which he or she wishes to vacate his or her office, unless the President grants a shorter period in a specific case. |
| (c) |
If the National Director or a Deputy National Director— |
| (i) |
vacates his or her office in terms of paragraph (a)(i), he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if his or her services had been terminated on the ground of continued ill-health occasioned without him or her being instrumental thereto; or |
| (ii) |
vacates his or her office in terms of paragraph (a)(ii), he or she shall be deemed to have been retired in terms of section 16(4) of the Public Service Act, and he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if he or she had been so retired. |
| (9) |
If the National Director or a Deputy National Director, immediately prior to his or her appointment as such, was an officer or employee in the public service, and is appointed under an Act of Parliament with his or her consent to an office to which the provisions of this Act or the Public Service Act do not apply, he or she shall, as from the date on which he or she is so appointed, cease to be the National Director, or a Deputy National Director and if at that date he or she has not reached the age at which he or she would in terms of the Public Service Act have had the right to retire, he or she shall be deemed to have retired on that date and shall, subject to the said provisions, be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her had he or she been compelled to retire from the public service owing to the abolition of his or her post. |
[Date of commencement of section 12: 1 August 1998]
Supreme Court Act, 1959
