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South African Institute for Drug-Free Sport Act, 1997 (Act No. 14 of 1997)

3. Composition of Institute

 

(1) The Institute shall consist of a chairperson and nine members, possessing special knowledge and expertise relevant to doping, as may be determined by the Minister, all of whom shall be appointed by the Minister in terms of subsection (4).

 

(2) In addition to the members referred to in subsection (1) the Chief Executive Officer of the Institute shall be a member of the Institute by virtue of his or her office, who will have no voting rights as contemplated in section 5.

 

(3)
(a) The Minister shall, with a view to the appointment of the members referred to in subsection (1), invite interested parties through the media and by notice in the Gazette to propose candidates, within 30 days of the publication of the said notice, for appointment as such members: Provided that the Minister shall after receipt of the applications, furnish the Institute and the Sports Confederation with the said applications as soon as possible: Provided further that the Institute and the Sports Confederation must furnish the Minister with their recommendations with regard to the most suitable candidates for appointment as members, within 30 days after receiving it.
(b) When making an appointment in terms of subsection (1), the Minister shall take into account guidelines or policies to promote equity, representivity and the redress in sport and recreation.

 

(4) The Minister shall when it becomes necessary appoint as a member of the Institute a person proposed by the interested parties as contemplated in subsection (3).

 

(5) The members appointed in terms of subsection (1) shall hold office for such period, not exceeding five years, as the Minister may determine at the time of appointment.

 

(6) The Minister may remove any member from his or her office if—
(a) that member contravenes or fails to comply with any provision of this Act;
(b) the estate of that member is sequestrated;
(c) that member is unable to perform his or her functions as a member due to physical or mental illness;
(d) that member is convicted of an offence and sentenced to imprisonment, without the option of a fine;
(e) that member without lawful cause is absent from three consecutive meetings of the Institute; or
(f) the Institute recommends that such member shall vacate his or her office.

 

(7) Members of the Institute whose terms of office expire are eligible for reappointment.

 

(8) A member of the Institute may resign from office by submitting at least one month’s written notice to the Minister.

 

(9)

(a) The Minister shall as often as it becomes necessary appoint a chairperson of the Institute and the members of the Institute shall as often as it becomes necessary elect a deputy chairperson from among their number.
(b) Whenever the chairperson is unavailable, the deputy chairperson shall perform the functions of the chairperson.

 

(10)

(a) The chairperson or an executive member of the Institute may be an official of a national or provincial sports federation: Provided that it shall be incumbent on such chairperson or executive member to prove to the satisfaction of the Minister that no conflict of interest exists.
(b) The Minister may remove such chairperson or executive member from his or her office whenever he or she deems it necessary or where a conflict of interest exists or where such chairperson or executive member fails to prove to the satisfaction of the Minister that no conflict of interest exists.

 

(11) If upon the expiration of the term of office of the members of the Institute, the Minister has not yet appointed new members to take their place, the existing members shall continue in office until new members have been appointed to replace them, but for a period not exceeding 30 days after the expiry of the previous term.