A person may not be appointed as a member of the Council if he or she—
| (a) |
is an unrehabilitated insolvent or if his or her creditors have accepted an offer of a composition made in terms of section 119 of the Insolvency Act, 1936 (Act No. 24 of 1936); |
| (b) |
is disqualified from practising his or her profession under this Act; |
| (c) |
is not a South African citizen and ordinarily resident in the Republic; |
| (d) |
he or she becomes mentally ill to such a degree that it is necessary that he or she be detained, supervised or controlled; |
| (e) |
has been removed from an office of trust on account of misconduct; |
| (f) |
has been convicted of— |
| (i) |
an offence for which he or she was sentenced to imprisonment without the option of a fine; or |
| (ii) |
theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any other offence involving dishonesty; |
| (g) |
has previously been a member of the Council for a period exceeding 10 consecutive years; |
| (h) |
has had his or her membership terminated by the Minister in terms of this Act; or |
| (i) |
is, at the time of his or her appointment, or was, during the preceding 12 months— |
| (i) |
a member of a municipal council, a provincial legislature or Parliament; or |
| (ii) |
a provincial or national office-bearer or employee of any party, organisation or body of a political nature. |
Older Persons Act, 2006
