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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 8 : Regulatory Agencies and Administration of Act

Part E : Administrative provisions applicable to agencies

207. Resignation, removal from office and vacancies

 

 

1) A member of the Companies Tribunal or the Council may resign by giving to the Minister
a) one month written notice; or
b) less than one month written notice, with the approval of the Minister.

 

2) A member of the Panel may resign by giving written notice jointly to the Minister and the relevant entity responsible for the designation of that member, if any.

 

3) The Minister, after taking the steps required by subsection (4), may remove a member of the Companies Tribunal, Panel or Council only if that member has—
a) become disqualified in terms of section 205(2);
b) acted contrary to section 206(2);
c) failed to disclose an interest or withdraw from a meeting as required by section 206(3); or
d) neglected to properly perform the functions of their office.

 

4) Before removing a person from office in terms of subsection (3), the Minister must afford the person an opportunity to state a case in defence of their position.