Basic Conditions of Employment Act, 1997
R 385
National Gambling Act, 1996 (Act No. 33 of 1996)3. Composition of Board |
| 1) | The Board shall consist of- |
| a) | a chairperson, who in the opinion of the Minister, after he or she has consulted with the premier of each province, is a fit and proper person to serve as chairperson of the Board; |
| b) | one member designated by the Minister; |
| c) | four members, one each designated by the Ministers of Environmental Affairs and Tourism, of Finance, for Safety and Security, and of Trade and Industry; |
| d) | one representative of each province designated by the government of such province; and |
| e) | not more than two members, who in the opinion of the Minister, have applicable knowledge or experience of matters connected with the objects of the Board, and who shall be appointed by the Minister. |
| 2) | The chief executive officer, appointed by the Board in terms of section 7(1)(a), shall ex officio be a member of the Board, but he or she shall not have voting rights at Board meetings. |
| 3) | The members referred to in subsection (1)(a) and (e) shall be appointed only after the Minister has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective positions on the Board, and the parliamentary committees concerned have made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated, having due regard to the objects of the Board as set out in section 10. |
| 4) | A member of the Board shall hold office for such period, not exceeding five years, as the Minister may determine at the time of appointment, and shall be eligible for reappointment at the termination of his or her first term of office: Provided that a person appointed in terms of subsection (1)(c) or (d) may be substituted at any time at the request of the Minister or government, as the case may be, by whom he or she was designated. |
| 5) | The Minister may, after he or she has afforded a member the opportunity to state his or her case, at any time terminate the term of office of any member if such member has become disqualified or has neglected to perform his or her functions as a member properly: Provided that when the member is a person appointed in terms of subsection (1)(c) or (d), the Minister shall prior to such termination consult the Minister concerned or the Premier of the province concerned, as the case may be. |
| 6) | The Minister shall, in accordance with subsection (1) and subject to subsections (3) and (4), fill a casual vacancy on the Board by, in the case of-- |
| a) | the chairperson, the appointment of another person as chairperson; and |
| b) | any other member, the appointment of another person as member, for such period, not exceeding five years, as the Minister may determine at the time of appointment. |
| 7) |
| a) | A person shall not be appointed as a member or remain to be a member of the Board-- |
| i) | unless he or she is a fit and proper person; |
| ii) | if such person, whether personally or through his or her spouse, partner or associate-- |
| aa) | has or acquires a direct or indirect financial interest in any activity related to the objects of the Board; or |
| bb) | has or acquires any interest in any business or enterprise that may conflict or interfere with the proper performance of his or her duties as a member of the Board; |
| iii) | if such person-- |
| aa) | is or becomes a political office-bearer; |
| bb) | is an unrehabilitated insolvent, or becomes insolvent and the insolvency results in the sequestration of his or her estate; |
| cc) | has at any time been, or is removed from an office of trust on account of misconduct; or |
| dd) | has at any time been or is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Corruption Act, 1992 (Act No. 94 of 1992), or any offence involving dishonesty. |
| b) | A person shall, prior to his or her appointment as a member, submit to the Minister a written statement in which it is declared whether or not he or she has any interests as referred to in paragraph (a)(ii) and whether or not he or she is disqualified in terms of paragraph (a)(iii). |
| c) | If any member of the Board during his or her term of office acquires an interest which is or is likely to become an interest as referred to in paragraph (a)(ii), he or she shall forthwith after the acquisition of such interest in writing inform the Minister thereof. |
| 8) |
| a) | A member of the Board shall not vote, attend or in any other manner participate in or influence the proceedings at any meeting of the Board if, in relation to any matter before the Board, he or she has any interest which precludes him or her from performing his or her functions as a member of the Board in a fair, unbiased or proper manner. |
| b) | If at any stage during the course of any proceedings of the Board it appears that a member of the Board has or may have any interest as referred to in paragraph (a)-- |
| i) | that member shall forthwith and fully disclose the nature of his or her interest and leave the meeting so as to enable the remaining members of the Board to discuss the matter and determine whether that member should be prohibited from participating in the further proceedings at such meeting by reason of a conflict of interests; and |
| ii) | such disclosure, and the decision taken by the remaining members of the Board in that regard, shall be recorded expressly in the minutes of the meeting in question. |
| c) | If any member of the Board fails to disclose any interest referred to in paragraph (a) or if, having such an interest, he or she attends or in any manner participates in or directly influences the proceedings at the meeting concerned, the relevant proceedings shall be null and void. |
