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National Qualifications Framework Act, 2008 (Act No. 67 of 2008)

Chapter 4 : South African Qualifications Authority

15. Vacation of office by board member and filling of vacancies

 

(1) A member must vacate office 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 leave of the board;
(c) is declared insolvent, is removed from an office of trust by a court of law or is convicted of an offence for which the sentence is imprisonment without the option of a fine; or
(d) is declared unable to manage his or her personal affairs by a court of law.

 

(2) The Minister may, in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), remove a member of the board at any time before the expiry of the member’s term of office—
(a) on the grounds of misconduct, incapacity or incompetence; or
(b) for any other sound and compelling reason.

 

(3) A vacancy on the board must be filled by appointment in accordance with section 14.

 

(4) The Minister may, in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), dissolve the entire board—
(a) if the board fails to perform in terms of this Act;
(b) if there is a total breakdown in the relationship between the board and the Minister; or
(c) on any reasonable grounds.