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South African Post Office SOC Ltd Act, 2011 (Act No. 22 of 2011)

11. Appointment of non-executive members of Board

 

 

(1) For the purposes of appointing the non-executive members of the Board, the Minister must—
(a) by notice in at least two newspapers and in the Gazette invite interested persons; and
(b) in writing invite trade unions recognised by the Post Office,

to submit, within the period and in the manner mentioned in the notice, the names of persons fit to be appointed as members of the Board, with due regard to section 8(5).

 

(2) The Minister may appoint a nomination committee to make recommendations to the Minister for the appointment of the non-executive members of the Board contemplated in subsection (1)(a).

 

(3) If a nomination committee is established, the Minister must—
(a) ensure that the committee is broadly representative of the various racial  groups and geographic areas of the Republic and that both males and females are represented; and
(b) ensure that the committee members have the necessary skills, knowledge, qualifications and experience to serve on the committee.

 

(4) The Minister and, if applicable, the nomination committee in making a recommendation to the Minister, must consider—
(a) the proven skills, knowledge, qualifications and experience of a candidate in areas of—
(i) financial management;
(ii) project management;
(iii) governance compliance;
(iv) risk management;
(v) transformation and diversity equity;
(vi) banking business;
(vii) postal services and postal service management; or
(viii) any other field of expertise relevant to the Post Office;
(b) the need for representation of historically disadvantaged persons;
(c) the requirement that some members of the Board must be fit and proper persons to hold the office of a member of the Board of a banking institution, as contemplated in the Banks Act, 1990 (Act No. 94 of 1990), for purposes of section 8(5); and
(d) whether a candidate has any direct or indirect interest in conflict with the business of the Post Office as contemplated in section 10(1)(g).

 

(5) The Minister must ensure that the non-executive members of the Board represent a sufficient spread of skills, knowledge, qualifications and experience to enable the Post Office to function efficiently and effectively.

 

(6)

(a) Nominations of suitable persons as contemplated in subsection (4) must include at least one and a half times the number of Board members to be appointed.
(b) If a suitable person or the required number of suitable persons are not nominated as contemplated in subsection (1)(b) and (4), the Minister may call for further nominations in the manner set out in subsection (1).

 

(7)

(a) The Minister must appoint—
(i) two non-executive members of the Board from suitable persons nominated by trade unions contemplated in subsection (1)(b); and
(ii) the other non-executive members of the Board from suitable persons as contemplated in subsection (4).
(b) The Minister must, within 30 days after appointing the members, by notice in the Gazette publish the names of the members so appointed and the date of commencement of their terms of office.

 

(8)

(a) Any vacancy occurring in the Board in terms of section 12, must be filled in the manner provided for in this section.
(b) Any member appointed under this subsection holds office for the rest of the period of the predecessor's term of office, unless the Minister directs that such member holds office for a longer period, which may not exceed one subsequent term of up to three years.

 

(9) A non-executive member of the Board—
(a) holds office for a period not exceeding three years;
(b) may be reappointed, but may not serve for more than two terms consecutively, unless otherwise determined by the Minister;
(c) is appointed according to the terms and conditions determined by the Minister;
(d) must be paid from the revenue of the Post Office such remuneration and allowances as may be determined by the Minister, taking into consideration prescriptions and guidelines issued by the Minister for the Public Service and Administration and the National Treasury;
(e) is appointed on a part-time basis.