Special Investigating Units and Special Tribunals Act, 1996
R 385
Road Accident Fund Act, 1996 (Act No. 56 of 1996)10. Board of Fund |
| (a) | The Director-General: Transport or any other senior officer in the Department of Transport, designated by him or her; and |
| (b) | at least 8, but not more than 12, members appointed by the Minister, who may not be in the full-time employment of any government, and who shall each command extensive experience in one or more of the fields of insurance, finance, medical service provision, law, accounting and actuarial science, or in matters relating to disabled persons, road users, commuters' or consumers' interests. |
| (2) | Subject to this section, a member of the Board shall— |
| (a) | declare any interest relating to the functions, duties and obligations of the Fund or its agents in terms of this Act, and such a member shall not vote in respect of any decision of the Board in so far as he or she has such an interest therein; |
| (b) | at all times act in the best interest of the Fund; |
| (c) | hold office for a period of three years as from the date of appointment of such member and may, subject to nomination contemplated in subsection (9), be reappointed for further terms of office not exceeding three years at a time, provided that such a member may not serve for more than three consecutive terms of office. |
| (3) | The Minister may remove a member of the Board referred to in subsection (1)(b) from office if there is sufficient reason to do so. |
| (4) | Only a member of the Board referred to in section (1)(b) shall, subject to subsection (2)(a), have a vote on any matter before the Board. |
| (5) | The Chief Executive Officer may attend the meetings of the Board, but has no vote. |
| (6) | The Minister shall appoint two members of the Board as Chairperson and Vice-Chairperson, respectively. |
| (7) | The Chairperson, or in his or her absence, the Vice-Chairperson, shall at all times preside at the meetings of the Board. |
| (8) | [Section 10(8) deleted by the Road Accident Fund Amendment Act, 2005 (Act No. 19 of 2005)]. |
| (9) | Whenever it is necessary to appoint a member referred to in subsection (1)(b) to the Board, but subject to subsection (10) the Minister shall— |
| (a) | by notice in the Gazette and the national news media, invite persons or bodies who have an interest in the operations of the Fund to nominate persons who comply with the criteria mentioned in subsection (1)(b); |
| (b) | so publish a list of nominees received in response to such invitation, which list shall include the names of the relevant nominators. |
| (9A) | The Minister shall cause the name of a member appointed under subsection (1)(b), or reappointed under subsection (2)(c), together with such member’s area of expertise, to be published in the Gazette. |
| (10) | Whenever a position on the Board becomes vacant before the expiry of the term of office referred to in subsection (2)(c), the Minister may appoint any other competent person, as contemplated in subsection (1)(b), to serve for the unexpired portion of the term of office of the previous member irrespective of when the vacancy occurs. |
