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Security Forces Board of Inquiry Act, 1993 (Act No. 95 of 1993)

3. Constitution of Board

 

 

(1) The Board shall have three members, appointed by the State President for a period of three years and of whom—
(a) one shall be a judge of the Supreme Court of South Africa or such a judge that has been discharged from active service or a former judge of the said Court, who shall be the Chairman;
(b) one shall be called the Chief Executive Officer; and
(c) one shall be an Area Director.

 

(2) For the purpose of the performance by the Board of its functions in respect of an offence alleged to have been committed in a particular area, the member referred to in subsection (1)(c) shall be the Area Director for that area.

 

(3)

(a) The member of the Board referred to in subsection (1)(b) shall be—
(i) an attorney-general; or
(ii) a person who is duly qualified as contemplated in section 3(1) (b) and (2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and, after having become so qualified, was for a period of at least 10 years or for periods which together amount to at least 10 years, involved in the application of the law.

 

(4) No person shall be appointed as a member of the Board unless he is a South African citizen permanently resident in the Republic.

 

(5) A member of the Board shall at the expiry of his term of office be eligible for reappointment for such period, not exceeding three years at a time, as the State President may determine.

 

(6) The State President may relieve a member of the Board from his office at his request, or of his own accord remove him from office—
(a) for misconduct;
(b) on account of continued ill-health; or
(c) on account of incapacity to carry out his duties of office efficiently.

 

(7) Any vacancy on the Board arising by virtue of the provisions of subsection (6), or caused by the death of a member, or for any other reason whatsoever, shall subject to the provisions of this section, be filled by the State President by the appointment of another person for the unexpired portion of the period for which the member concerned was appointed.

 

(8) Two members of the Board shall form a quorum.