| (1) |
The Minister of Manpower may from time to time, in consultation with the Minister— |
| (a) |
appoint one or more boards for conscientious objection— |
| (i) |
to consider applications in terms of section 72B; and |
| (ii) |
to exercise such powers and perform such other duties as may be conferred or imposed upon them by or in terms of this Act; |
[Paragraph (a) amended by section 14(a) of Act No. 132 of 1992]
| (b) |
abolish any such board; |
| (c) |
withdraw the appointment of any member of such a board, and appoint in his stead some other person as a member of such board; |
| (d) |
determine the seat of any such board. |
[Paragraph (d) added by section 14(b) of Act No. 132 of 1992]
| (2) |
Any such board shall consist of— |
| (a) |
a chairman, who shall be a judge of the Supreme Court of South Africa or a person who has been involved in the administration of justice for a period of not less than 10 years or who, in the opinion of the Minister of Manpower, has sufficient knowledge of law, and who shall be appointed by the said Minister in consultation with the Minister of Justice; |
[Paragraph (a) substituted by section 1 of Act No. 32 of 1993]
| (b) |
two members who shall be theologians or clergymen who belong to different religious denominations and who shall be appointed by the Minister of Manpower; |
| (c) |
two members who shall be appointed by the Minister of Manpower on the ground of their knowledge of the functions of the board; |
| (cA) |
a member who is a psychologist as defined in section 1 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), appointed by the Minister of Manpower; and |
| (d) |
if the applicant referred to in section 72B, states in his application that— |
| (i) |
he is applying to be classified in a category of conscientious objectors contemplated in section 72D(1)(a)(i) or (ii), a member of the South African Defence Force designated in particular or in general by the Minister or a person authorized thereto by the Minister, for co-option by the board and who; or |
| (ii) |
the reasons or grounds for his qualms of conscience and conscientious objection are of a religious nature, and it appears from his application that he belongs to a religious denomination and none of the theologians or clergymen serving on the board during the consideration of his application is a member of that religious denomination, a theologian or clergyman who belongs to that religious denomination who, after the board has in such manner as it may deem fit invited persons who are such theologians or clergymen to serve on the board for the consideration of such application, has informed the board, within a period which the board may regard as reasonable, of his willingness so to serve, and who, |
has been co-opted by the board as a member: Provided that if the applicant has not mentioned any such category or reason or grounds, as the case may be, in his application and it first comes to the notice of the board during the consideration of his application, or no such theologian or clergyman referred to in subparagraph (ii) has informed the board within such period of his willingness to serve on the board, the board may consider the application in question without such a member of the South African Defence Force or such a theologian or clergyman, as the case may be, having been thus co-opted.
[Subsection (2) substituted by section 14(c) of Act No. 132 of 1992]
| (3) |
The Minister of Manpower shall appoint an alternate in respect of every member of such board, who shall, in the absence of the member concerned from a meeting of the board, have at such meeting all the powers and duties of such member. |
| (4) |
Without derogating from the power of the Minister of Manpower under subsection (1)(c), the members of the board referred to in paragraphs (a), (b), (c) and (cA) of subsection (2) and their alternates, shall be appointed for a period of not less than two years. |
[Subsection (4) substituted by section 14(d) of Act No. 132 of 1992]
| (5) |
In addition to a member referred to in subsection (2)(d) who may be present, the quorum at a meeting of the board shall consist of the chairman and three members, and in the event of an equality of votes the chairman shall have a casting vote. |
[Subsection (5) substituted by section 14(e) of Act No. 132 of 1992]
| (6) |
A member of any such board who is not in the full-time employment of the State shall be paid such remuneration and allowances as the Minister of Manpower may in consultation with the Minister of Finance determine. |
[Section 72A inserted by section 9 of Act No. 34 of 1983]
South African Council for Educators Act, 2000
