Acts Online
GT Shield

Housing Development Agency Act, 2008 (Act No. 23 of 2008)

12. Appointment and removal of members of Board


1) For the appointment of non-executive members, other than those to be designated by any other Minister, the Minister must by notice in two newspapers and the Gazette 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 members of the Board.


2) The Minister must appoint a nomination committee 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 of the various racial groups and geographic areas of the Republic and that both males and females are represented.


4) The nomination committee, in making a recommendation for appointment to the Board by the Minister, must consider-
a) the proven skills, knowledge and experience of a candidate in areas of-
i) risk management;
ii) financial management;
iii) township planning;
iv) project management;
v) governance compliance;
vi) transformation and diversity equity; or
vii) land development, management,
viii) necessary for the efficient and effective performance of the Board's functions; and
b) the need for representation of historically disadvantaged persons.


5) If a suitable person or the required number of suitable persons are not nominated as contemplated in subsection (4), the Minister may call for further nominations in the manner set out in subsection (1).


6) The Minister must appoint the non-executive members of the board and, by notice in the Gazette, within 30 days thereafter, publish the names of the members so appointed and the date of commencement of their terms of office.


7) 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;
c) is appointed according to the terms and conditions determined by the Minister;
d) must be paid from the revenue of the Agency such remuneration and allowances as may be determined by the Minister from time to time, taking into consideration regulations and guidelines issued by the Minister for the Public Service and Administration and the National Treasury;
e) is appointed on a part-time basis.


8) If, after due process, it is found that a Board member has become disqualified from membership of the Board in terms of section 11, the Minister must remove the member from the Board by written notice to the member.


9) Any vacancy occurring on the Board in terms of section 13, must be filled in the same way as the departing member was appointed to the Board.