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Updated: 13 October 2018

6. Disqualification from Membership of Council and Vacation of Office

1. A person may not be appointed as a member of the council if that person -


(a) is not a South African citizen and ordinarily resident in the Republic;


(b) is an unrehabilitated insolvent;


(c) has been convicted of an offence in the Republic, other than an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both;


(d) subject to subsection (3), has been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both;


(e) has, as a result of improper conduct, been removed from an office of trust; or


(f) has in terms of this Act been found guilty by the disciplinary tribunal or the council of improper conduct.


2. A member of the council must vacate his or her office if he or she -


(a) becomes disqualified in terms of subsection (1) from being appointed as a member of the council;


(b) resigns by written notice addressed to the registrar;


(c) is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973);


(d) has, without leave of the council, been absent from more than two consecutive meetings of the council;


(e) was appointed in terms of section 3(1)(a) and after that appointment a change in his or her circumstances arises that affects the ratio of the membership referred to in section 3(1);


(f) was appointed in terms of section 3(1)(b) and ceases to be employed by the State; or


(g) ceases to be permanently resident in the Republic.


3. For the purposes of subsection (1)(d), the Minister must take cognisance of the prevailing circumstances in a foreign country relating to a conviction.


4.

(a) If a member of the council dies or vacates his or her office before the expiration of his or her term of office, the Minister may, after consultation with the council and subject to section 5(1), appoint a person to fill the vacancy for the unexpired portion of the period for which that member was appointed.


(b) If the Minister appoints a person to fill the vacant seat, the appointment must be made within 60 days from the date on which the vacancy occurred.


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