| (a) |
is an unrehabilitated insolvent; |
| (b) |
has been declared by a court to be mentally ill; |
| (c) |
has been convicted of an offence in the Republic or elsewhere and was sentenced lo imprisonment without the option of a fine, other than an offence committed prior to 27 April 1994 associated with a political objective for which amnesty was granted by the Truth and Reconciliation Commission; |
| (d) |
is a member or the National Assembly, a provincial legislature or any municipal council, or is a delegate to the National Council of Provinces; |
| (e) |
is not a citizen or, or does not have the right of permanent residence in, the Republic; or |
| (f) |
has as a result of improper conduct, been removed from a position of trust. |
[Section 8(f) substituted by section 45(a) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]
| (2) |
The Minister may, after consultation with the Board, remove a member contemplated in section 6(2)(a) or (b) from office— |
[Words preceding section 8(2)(a) substituted by section 45(b) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]
| (a) |
on the grounds of misconduct, incapacity or incompetence; |
| (b) |
if the member is absent from three consecutive meetings of the Board without leave from the Board; |
| (c) |
if the member becomes disqualified as is contemplated in subsection (1); or |
[Section 8(c) substituted by section 45(c) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]
| (d) |
for any other sound and compelling reason. |
| (2A) |
A member contemplated in section 6(2)(a) or (b) ceases to hold office if the member resigns by written notice to the Minister. |
[Section 8(2A) inserted by section 45(d) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]
| (3) |
A decision to remove a member of the Board from office in terms of subsection (2) must be based on the recommendation of an independent panel appointed by the Minister. |
| (4) |
The Minister may dissolve the Board on reasonable grounds. |
| (5) |
A member contemplated in section 6(2)(a) or (b) holds office for a period not exceeding four years, subject to subsections (1) and (2). |
| (6) |
No member may serve more than one consecutive terms. |
| (7) |
If a member of the Board dies, resigns by written notice to the Minister or is removed from office, the Minister may, having followed the procedure contemplated in section 7, appoint a person in that vacancy for that remaining part of the term of office. |
Older Persons Act, 2006
