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Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011)

Chapter 2 : Community Schemes Ombud Service

7. Appointment of members of Board

 

(1) The Minister must by notice in the Gazette and two national newspapers circulating in the Republic invite all interested persons to submit, within the period and in the manner mentioned in the notice, the names of persons fit to be appointed as non-executive members of the Board.

 

(2) The Minister must appoint a nomination committee consisting of not more than seven persons, two of whom must be chairpersons of the relevant parliamentary committees in each house or their delegates, to make recommendations to the Minister for the appointment of the non-executive members of the Board.

 

(3) In establishing a nomination committee, the Minister must ensure that the committee is broadly representative.

 

(4) The nomination committee, in making a recommendation to the Minister, must consider—
(a) the skills, knowledge and experience of a candidate in areas of—
(i) risk management;
(ii) financial management;
(iii) dispute resolution in community schemes;
(iv) public education and training;
(v) management of community schemes;
(vi) community scheme governance documentation; or
(vii) development of community schemes; and
(b) the need for representation of historically disadvantaged persons.

 

(5) If the recommendation of the nomination committee does not contain a suitable person or the required number of suitable persons, the Minister may call for further nominations in the manner set out in subsection (1).

 

(6) The Minister must, within 30 days after such appointment, publish the names of the members so appointed and the date of commencement of their terms of office in the Gazette.

 

(7)        A non-executive member of the Board—

(a) holds office for a period not exceeding three years and may be reappointed on expiry of his or her term;
(b) may not serve for more than two consecutive terms of office;
(c) is appointed according to the terms and conditions determined by the Minister;
(d) must be paid from the revenue of the Service such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance, taking into consideration regulations and guidelines issued by the Minister for the Public Service and Administration and the National Treasury; and
(e) is appointed on a part-time basis.

 

(8) The Minister must appoint at least five non-executive members of the first Board for a period not exceeding three years.

 

(9) Any vacancy occurring in the Board must be filled in the same manner as the vacating member was appointed.

 

(10) The executive members of the Board are appointed in terms of section 14.