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National Ports Act, 2005 (Act No. 12 of 2005)

Chapter 5 : Ports Regulator

31. Nomination and appointment of members of Regulator

 

(1)

(a) The Regulator consists of a chairperson and a minimum of six and a maximum of 12 other members appointed by the Minister for a period of up to five years at a time.
(b) The members of the Regulator may be re-appointed.

 

(2) The Minister must call for nominations of members to the Regulator in the national media and appoint the members from the persons so nominated.

 

(3) Notwithstanding subsection (2), the Minister may appoint persons other than those nominated.

 

(4) The members of the Regulator must, when viewed collectively, comprise sufficient persons with suitable qualifications or experience in economics, the law, commerce, ports, the shipping industry and public affairs.

 

(5) Each member of the Regulator must—
(a) be a citizen of the Republic, who is ordinarily resident therein;
(b) be committed to the purposes and principles enunciated in this Act; and
(c) be available to fulfil his or her role as a member.

 

(6) A person may not be a member of the Regulator if that person—
(a) is an unrehabilitated insolvent;
(b) is subject to an order of a competent court holding that person to be mentally unfit or disordered;
(c) has been convicted of an offence committed after the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect, and sentenced to imprisonment without the option of a fine;
(d) has been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery, perjury or any other offence involving dishonesty;
(e) has been convicted of an offence under this Act; or
(f) has any financial interest in the business of any port.

 

(7) A member of the Regulator who is not an officer in the public service must be paid such allowance for his or her services as the Minister with the concurrence of the Minister of Finance may determine.

 

(8) The Minister may extend the terms of office of members of the Regulator upon the expiry of their terms of office for such period as may be necessary, not exceeding three months, to finalise the appointment of a new board.