Platinum Membership
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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 2 : Railway Safety Regulator16. Termination of board membership |
| (1) | A board member may resign by giving one month’s notice, in writing, to the Minister. |
| (2) | The Minister may, after having afforded a board member a reasonable opportunity to make submissions in writing, terminate that member’s membership of the board if that member has— |
| (a) | failed to declare a conflict of interest as contemplated in section 19; |
| (b) | disregarded or contravened any applicable code of ethics relating to governance, or any other relevant law; |
| (c) | repeatedly failed to perform his or her functions efficiently; |
| (d) | failed to attend three consecutive meetings of the board or a board committee, without the permission of the chairperson of the board or the chairperson of the relevant board committee; or |
| (e) | been disqualified in terms of section 15. |
| (3) | The Minister must, when terminating the membership of a board member in terms of subsection (2), in writing, inform both the board and that member of the reasons for that termination. |
| (4) | If a board member, at any time during his or her term of office, becomes disqualified to be a board member on any one of the grounds contemplated in section 15, that member— |
| (a) | must immediately, in writing, inform the Minister and the chairperson of the board of that disqualification, after which the Minister must, in writing, remove that member from the board; and |
| (b) | may not attend a board meeting or a board committee meeting from the time he or she has so become disqualified until he or she is removed by the Minister. |
| (5) | The termination of membership of the board or resignation from the board does not in any way prevent or influence the institution or continuance of proceedings against the person whose membership of the board was terminated or who resigned from the board, as the case may be. |
| (6) | The Minister must inform Parliament of the termination of the membership of a board member and the reasons for such termination— |
| (a) | within 30 days from the date of terminating membership of the board, if Parliament is then in ordinary session; or |
| (b) | within 14 days after the commencement of Parliament’s next ordinary session, if Parliament is not then in ordinary session. |
