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Communal Land Rights Act, 2004 (Act No. 11 of 2004)

Chapter 8 : Land Rights Board

27. Disqualification as Board member

 

1) The Minister must not appoint as a member of a Board a person who-
a) is not a South African citizen or a permanent resident and is not ordinarily resident the Republic;
b) is an unrehabilitated insolvent;
c) is declared by a court of law to be mentally incompetent or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973), or any other applicable law;
d) has been removed from an office of trust on account of improper conduct;
e) has had his or her name removed from any professional register on account of misconduct and who has not been reinstated;
f) has been determined by a court, tribunal or forum as contemplated by the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), to have contravened section 7 or any other provision of that Act; or
g) is an elected political representative in the national, provincial or local sphere of government.

 

2) A member of a Board must vacate her or his office if she or he-
a) becomes disqualified in terms of subsection (1) from being appointed as a member of a Board;
b) resigns by written notice addressed to the Minister;
c) is removed from office by the Minister on reasonable grounds, after consultation with the Board; or
d) has, without the leave of the Board, been absent from two or more meetings of the Board during a continuous twelve-month period.