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Agrement South Africa Act, 2015 (Act No. 11 of 2015)

10. Appointment of members of Board

 

(1) The members of the Board referred to in section 9(2)(a) must be competent persons with—
(a) experience and expertise in one or more of the following—
(i) facets of construction, particularly as it relates to innovation, infrastructure development, housing, quality assurance and certification;
(ii) business management, finance, law or marketing;
(iii) international or foreign standardisation and technical infrastructure matters; or
(iv) the application of the construction regulations and the enforcement thereof; and
(b) specialist knowledge about the needs and functions in one or more of the following sectors of the construction industry
(i) organs of state regulating the construction industry;
(ii) providers of buildings and infrastructure, including materials and products;
(iii) relevant technical, scientific and professional institutions and associations; and
(iv) relevant community based structures, including non-governmental organisations.

 

(2) When members for a new term of office on the Board are to be appointed, the Minister must, not less than three months prior to the expiry of the term of office of the sitting Board, appoint a selection committee to select the members of the Board in accordance with the procedure contemplated in subsection (3).

 

(3) The selection committee must—
(a) publish a notice in at least two official languages in—
(i) the Gazette; and
(ii) two nationally circulated newspapers,

calling for applications, on the prescribed form, of persons as candidates for membership on the Board;

(b) compile a shortlist of candidates for appointment;
(c) screen and interview shortlisted candidates;
(d) recommend candidates for appointment by the Minister within 60 days from the closing date for applications; and
(e) compile a list of eligible candidates which were not shortlisted.

 

(4) The notice referred to in subsection (3)(a) must include—
(a) an explanation of the selection process;
(b) the criteria to qualify for selection; and
(c) the closing date for submission of applications.

 

(5) The Minister must, within 30 days from the date of receipt of the recommendations of the selection committee, appoint the members of the Board.

 

(6) Notwithstanding subsections (2), (3), (4) and (5), in the event where no applications or insufficient qualifying applications are received to fill all seats on the Board, the Minister may, subject to section 9(2)(a), appoint any number of members of his or her choice who comply with the requirements of this Act.

 

(7) The Minister must designate one member of the Board as chairperson.

 

(8) The members of the Board are appointed in their personal capacity.

 

(9) The names of the members of the Board and the date of commencement of their term of office must be published by the Minister in the Gazette and in at least two nationally circulated newspapers within 60 days after the members are appointed.