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South African National Water Resources Infrastructure Agency SOC Limited Act, 2024 (Act No. 34 of 2024)

Chapter 3 : Governance of Agency

13. Disqualification and removal of Board members

 

(1) A person is disqualified from being appointed to the Board or from remaining a member if such person is disqualified from serving as a member of a Board in terms of the Companies Act, including if such person—
(a) is convicted of an offence involving dishonesty;
(b) is declared to be of unsound mind by a competent court;
(c) is declared insolvent or is an unrehabilitated insolvent;
(d) is absent from two or more meetings in one calendar year;
(e) has acted inappropriately and such conduct brings the Agency into disrepute;
(f) has been removed from an office or position of trust, on the grounds of misconduct involving dishonesty; or
(g) has failed to disclose personal financial interest in terms of section 18.

 

(2) A non-executive member of the Board must give 30 days’ notice of resignation, in writing, to the Minister and the non-executive member contemplated in section 10(7)(a)(ii) must, in addition, notify the Minister of Finance.

 

(3) The Minister may remove a member of the Board from office—
(a) if there is an irretrievable breakdown of trust or working relationship between the member and the Minister as representative shareholder;
(b) if the member refuses to execute a lawful directive included in the shareholder’s compact;
(c) if the member becomes disqualified in terms of subsection (1); or
(d) if the member acts contrary to this Act.

 

(4) Before removing a member from the Board in terms of subsection (3), the Minister must give the member written notice of such intention and an opportunity to make representations within 14 days from the receipt of such notice.