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National Gambling Act, 2004 (Act No. 7 of 2004)

Chapter 4 : National Structures

Part B : National Gambling Board

67. Composition of board

 

1) The board consists of-
a) the following members appointed by the Minister for a term of no more than five years, as determined by the Minister at the time of appointment:
i) a Chairperson and a Deputy Chairperson; and
ii) not more than three other members,

each of whom, in the opinion of the Minister, has applicable knowledge or experience in matters connected with the objects of the board; and

b) four other members, of whom one each is designated by the-
i) Minister;
ii) Minister of Finance;
iii) Minister of Safety and Security; and
iv) Minister of Social Development,

respectively, to serve until substituted by that Minister who designated that member.

 

2) To be eligible for appointment or designation as a member of the board, and to continue to hold that office, a person must-
a) be a fit and proper person;
b) not be subject to any disqualification set out in subsection (3); and
c) have submitted to the Minister a written declaration stating that-
i) the person is not disqualified in terms of subsection (3); and
ii) the person does not have any interests referred to in subsection (3)(c).

 

3) A person may not be a member of the board if that person-
b) is listed in the register of excluded persons by order of a court;
c) personally or through a spouse, partner or associate-
i) has or acquires a direct or indirect financial interest in a licence issued in terms of this Act, or in premises used for an activity that must be licensed in terms of this Act; or
ii) has or acquires an interest in a business or enterprise that may conflict or interfere with the proper performance of the duties of a member of the board;
d) is an unrehabilitated insolvent, or becomes insolvent and the insolvency results in the sequestration of his or her estate;
e) has ever been, or is, removed from an office of trust on account of misconduct;
f) is subject to an order of a competent court holding that person to be mentally deranged;
g) within the previous ten years has been, or is, convicted in the Republic or elsewhere of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Corruption Act, 1992 (Act No. 94 of 1992), an offence under Chapter 2 or 3 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), an offence under the Financial Intelligence Centre Act, or an offence involving dishonesty; or
h) has been convicted of any other offence committed after the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect, and sentenced to imprisonment without the option of a fine.

 

4) The Chief Executive Officer is an ex officio member of the board, but may not vote at meetings of the board.

 

5) For the purpose of subsection (3)(c), a financial interest does not include an indirect interest held in any fund or investment if the person contemplated in that subsection has no control over the investment decisions of that fund or investment.