| (a) |
subject to subsection (2)— |
| (ii) |
not fewer than nine and not more than 11 other members nominated by the public and appointed by the Minister, after consultation with the Minister responsible for higher education and training; and |
[Section 6(1)(a)(ii) substituted by section 4(a) of Notice No. 321, GG 37594, dated 26 April 2014]
| (iii) |
one member appointed by the Minister, after nominations from the National Advisory Council on Innovation; and |
[Section 6(1)(b) substituted by section 4(b) of Notice No. 321, GG 37594, dated 26 April 2014]
| (iv) |
one member appointed by the Minister, after nominations from the Council on Higher Education; and |
[Section 6(1)(b) substituted by section 4(b) of Notice No. 321, GG 37594, dated 26 April 2014]
| (2) |
For the purposes of appointing the members of the Board referred to in subsection (1)(a), the Minister must— |
| (a) |
publish a notice in the Gazette and three newspapers with due regard to the Use of Official Languages Act, 2012 (Act No. 12 of 2012), calling upon members of the public to nominate persons contemplated in subsection (1)(a)(i) and (ii); |
| (b) |
by written notice, call upon the National Advisory Council on Innovation and the Council for Higher Education to nominate persons contemplated in subsection (1)(a)(iii) and (iv); and |
| (c) |
appoint an independent panel which must compile a shortlist of persons from the nominees referred to in paragraph (a). |
[Section 6(2) substituted by section 4(c) of Notice No. 321, GG 37594, dated 26 April 2014]
| (2A) |
If the Minister receives no nominations or an insufficient number of nominations within the period specified in the notice referred to in subsection (2)(a), the Minister may, after consultation with the panel referred to in subsection (2)(c), either readvertise or in any other transparent manner, appoint the required number of qualified persons. |
[Section 6(2A) inserted by section 4(d) of Notice No. 321, GG 37594, dated 26 April 2014]
| (3) |
The members of the Board must all be persons who have achieved distinction in the field of research, technology, technology management, business or civil society. |
[Section 6(3) substituted by section 4(e) of Notice No. 321, GG 37594, dated 26 April 2014]
| (4) |
The members referred to in subsection (1)(a) are appointed in their personal capacities, but the Minister must ensure that they are broadly representative of the demographics of the Republic, higher education, broad scientific disciplines, the business sector and civil society. |
[Section 6(4) substituted by section 9(a) of Notice No. 637, GG 42441, dated 6 May 2019]
| (5) |
The Board must be reconstituted every four years in accordance with the process referred to in subsection (2). |
| (5A) |
[Section 6(5A) deleted by section 4(g) of Notice No. 637, GG 42441, dated 6 May 2019] |
| (5B) |
A member may not serve more than two consecutive terms. |
| (5C) |
Despite subsection (5), the Minister may, after consultation with the Board, extend the period of office of any or all of the members of the Board for a period of not more than six months or until a new Board has been appointed, whichever comes first. |
[Section 6(5C) inserted by section 4(h) of No. 321, GG 37594, dated 26 April 2014]
| (6) |
A member of the Board ceases to hold office if— |
[Words preceding section 6(6)(a) substituted by section 4(i) of Notice No. 321, GG 37594, dated 26 April 2014]
| (a) |
he or she resigns by written notice to the Minister; |
[Section 6(6)(a) substituted by section 9(b) of Notice No. 637, GG 42441, dated 6 May 2019]
| (b) |
the Minister, after consultation with the Board, terminates his or her period of office due to misconduct, incapacity, incompetence, or any other reasonable ground; |
[Section 6(6)(b) substituted by section 4(j) of Notice No. 321, GG 37594, dated 26 April 2014]
| (c) |
he or she is absent from three consecutive meetings of the Board without the permission of the chairperson; |
| (d) |
he or she is in terms of the Electoral Act, 1998, (Act No. 73 of 1998), or the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), nominated as a candidate for election as a member of Parliament, a provincial legislature or a municipal council; or |
[Section 6(6)(d) substituted by section 4(k) of Notice No. 321, GG 37594, dated 26 April 2014]
| (e) |
he or she ceases to meet the requirements for appointment as a member of the Board in terms of this Act. |
[Section 6(6)(e) inserted by section 4(l) of Notice No. 321, GG 37594, dated 26 April 2014]
(7)
| (a) |
If a member of the Board, appointed by the Minister, ceases to hold office, the Minister may— |
| (i) |
if the appointment was made in terms of subsection (1)(a)(i) and (ii), consider the shortlist of candidates referred to in subsection (2)(c); or |
| (ii) |
if the appointment was made in terms of subsection (1)(a)(iii) and (iv), consider the nominations received in terms of subsection (2)(b)(ii); or |
in any other transparent manner, appoint a person who meets the requirements set out in subsection (3) and (4).
[Section 6(7)(a) substituted by section 4(m) of Notice No. 321, GG 37594, dated 26 April 2014]
| (b) |
A person appointed under paragraph (a) must occupy his or her office for the unexpired portion of the term of office of his or her predecessor. |
| (8) |
A member of the Board or a member of a committee of the Board, other than the chief executive officer or a person who is in the full-time employment of the State, must be appointed on such conditions and must receive such remuneration or allowances, as the Minister may, with the concurrence of the Minister of Finance, determine. |
[Section 6(8) substituted by section 9(c) of Notice No. 637, GG 42441, dated 6 May 2019]
| (9) |
A person may not be appointed as a member of the Board if that person — |
| (a) |
is not a citizen or permanent resident of the Republic; |
| (b) |
is an unrehabilitated insolvent; |
| (c) |
has been convicted of— |
| (i) |
a crime and sentenced to a term of imprisonment without [an] the option of a fine; or |
| (ii) |
fraud, corruption or any other crime involving dishonesty, within a period of 10 years preceding the date of nomination in terms of subsection (2)(a); |
[Section 6(9)(c) substituted by section 4(n) of Notice No. 321, GG 37594, dated 26 April 2014]
| (d) |
has, as a result of improper conduct, been removed from a position of trust by a court of law. |
[Section 6(9)(d) substituted by section 9(d) of Notice No. 637, GG 42441, dated 6 May 2019]
| (e) |
[Section 6(9)(e) deleted by section 9(e) of Notice No. 637, GG 42441, dated 6 May 2019] |
| (10) |
The Minister must, within 30 days of the appointment or reappointment of a member of the Board, submit a report to Parliament relating to such appointment or reappointment. |
[Section 6(10) substituted by section 9(f) of Notice No. 637, GG 42441, dated 6 May 2019]
Statistics Act, 1999
