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Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)

Chapter II : Independent Communications Authority of South Africa

6. Disqualification

 

 

(1) A person may not be appointed as a councillor if he or she—
(a) is not a citizen of the Republic;
(b) is not permanently resident in the Republic;
(c) is a public servant or the holder of any other remunerated position under the State;
(d) is a member of Parliament, any provincial legislature or any municipal council;
(e) is an office-bearer or employee of any party, movement or organisation of a party-political nature;
(f) or his or her family member has a direct or indirect financial interest in the electronic communications, postal or broadcasting industry;

[Paragraph (1)(f) amended by section 8 of Act No. 3 of 2006]

(g) or his or her business partner or associate holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph (f);
(h) is an unrehabilitated insolvent;
(i) has been declared by a court to be mentally ill or disordered;
(j) has at any time been convicted, whether in the Republic of elsewhere, of-
(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or
(ii) an offence under this Act or the underlying statutes;
(k) has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), to a period of imprisonment of not less than one year without the option of a fine; or
(l) has at any time been removed from an office of trust on account of misconduct.

 

(2) A person who is subject to a disqualification contemplated in subsection (1)(b) to (i) may be nominated for appointment as a councillor, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification.

 


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