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Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)

Chapter II : Road Traffic Infringement Agency

6. Road Traffic Infringement Agency Board

 

(1) A Road Traffic Infringement Agency Board. to represent and control the agency, is hereby established, comprising—
(a) five persons appointed by the Minister, who by virtue of their relevant experience and technical expertise are suitably qualified to perform the functions of the Agency under this Act;
(b) a Director of Public Prosecutions, nominated by the National Director of Public Prosecutions, in consultation with the Minister; and
(c) the registrar of the agency.

[Section 6(1) substituted by section 4(a) of Act No. 72 of 2002]

 

(2) Prior to the appointment of a person to the board, the Minister must—
(a) by notice in the Gazette, publish his or her intention to appoint that person and invite public comment or objections within the period specified in the notice;
(b) forward a copy of the notice to the relevant Parliamentary Committees; and
(c) take into account any comment or objection received by him or her in accordance with such notice.

[Section 6(2) substituted by section 4(b) of Act No. 72 of 2002]

 

(3) The members of the board contemplated in subsection (1)(a) hold office for a period not exceeding five years, where after they may be reappointed.

 

(4) A member of the board contemplated in subsection (1)(a), must vacate his or her office—
(a) upon expiry of his or her term of appointment;
(b) if he or she is incapacitated by physical or mental illness;
(c) if his or her estate is sequestrated; or
(d) if he or she is nominated as a candidate for election as a member of Parliament, a provincial legislature or the council of a local authority.

 

(5) The Minister may remove a member of the board contemplated in subsection (1)(a) from office if such member—
(a) fails to perform his or her duties diligently or efficiently;
(b) is unable to perform his or her duties because of mental illness or disability; or
(c) has been absent without the permission of the chairperson from two consecutive meetings of the board, without good reason.

 

(6) The members of the board contemplated in subsection (1)(a) may resign on one month’s written notice to the Minister.

 

(7) The Minister appoints a member of the board contemplated in subsection (1)(a) or (b) as the chairperson.

 

(8) The board meets at least twice per year or as often as may be required.

 

(9) The board determines its own procedures for meetings and decisions and may, in the absence of a chairperson, elect a member contemplated in subsection (1)(a) or (b) as acting chairperson.

 

(10) Members of the board who are not in the full-time employment of the State may be paid such remuneration and allowances, as may be determined by the Minister in consultation with the Minister of Finance.