Diamonds Act, 1986
R 385
Property Practitioners Act, 2019 (Act No. 22 of 2019)Chapter 2 : Board of Authority7. Composition and appointment of Board |
| (1) | The Board consists of— |
| (a) | not less than nine but not more than 12 non-executive members, including the Chairperson, appointed by the Minister; and |
| (b) | the CEO, who serves on the Board by virtue of his or her office. |
| (2) | The total number of the Board members contemplated in subsection (1)(a) must consist of— |
| (a) | a combination of the following skills and competencies: |
| (i) | Sufficient financial expertise; |
| (ii) | relevant legal experience; |
| (iii) | sufficient experience as property practitioners; |
| (iv) | sufficient experience in rural and land reform; |
| (v) | sufficient experience in the promotion and protection of the consumer interests; and |
| (b) | at least— |
| (i) | one member nominated by the Minister of Trade and Industry, in consultation with the Minister; and |
| (ii) | one member nominated by the Minister of Public Works, in consultation with the Minister. |
| (3) |
| (a) | The Minister must, prior to the appointment of members of the Board as contemplated in subsection (1)(a), or to filling a vacancy, issue an invitation in the Gazette and at least two newspapers circulating nationally in the Republic for the nomination of persons meeting the requirements to serve on the Board. |
| (b) | A member of the Board contemplated in subsection (1)(a) who is not a public servant or in the full-time employ of the State may be paid out of the funds of the Authority the remuneration and allowances that may be determined generally or in any particular case by the Minister in concurrence with the Minister of Finance. |
| (4) | The Minister must ensure that— |
| (a) | the appointment of members of the Board is governed by the overriding principle of selection based on merit, determined by an assessment of— |
| (i) | the objects, functions and operations of the Authority; |
| (ii) | the competencies collectively required for serving on the Board, including the relevant skills, expertise and experience relating to governing an organ of state, having regard to subsection (2); and |
| (iii) | the qualifications, skills, expertise and experience of each individual prospective candidate; |
| (b) | the Board is broadly representative with regard to race, gender and disability; and |
| (c) | the majority of persons serving on the Board are not public servants contemplated in section 8 of the Public Service Act, 1994 (Proclamation No. 103 of 1994). |
| (5) | When the Chairperson of the Board— |
| (a) | is absent from a meeting of the Board, the remaining members must nominate one of them to act as Chairperson for that meeting; or |
| (b) | vacates his or her office, the Minister must within three months appoint a Chairperson in accordance with subsection (3). |
| (6) | A non-executive member of the Board holds office for a period of three years. |
| (7) | A member of the Board who is upon completion of his or her three-year term of office eligible for reappointment, but— |
| (a) | no member may serve more than two consecutive terms of office; and |
| (b) | the Minister may not reappoint more than five members of the same Board. |
