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National Health Act, 2003 (Act No. 61 of 2003)

Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures

79E. Disqualification from membership of Board and vacation of office


(1) A person may not be appointed as a member of the Board if that person—
(a) is not a South African citizen and ordinarily resident in the Republic;
(b) is an unrehabilitated insolvent;
(c) has at any time been convicted of an offence involving dishonesty, whether in the Republic or elsewhere, and sentenced to imprisonment without the option of a fine; or
(d) has been removed from an office of trust.


(2) A member of the Board must vacate his or her office if—
(a) he or she becomes disqualified in terms of subsection (1) from being appointed as a member of the Board;
(b) he or she submits his or her resignation to the Minister in writing;
(c) he or she is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973);
(d) he or she has, without the leave of the Board, been absent from more than two consecutive meetings of the board;
(e) the Minister withdraws the appointment because in the opinion of the Minister, and after consultation with the board, the member is incompetent or unfit to fulfil his or her duties; or
(f) he or she ceases to be ordinarily resident in the Republic.


(3) If a member of the board dies or vacates his or her office in terms of subsection (2), the Minister may, subject to section 79C, appoint a person to fill the vacancy for the unexpired portion of the period for which that member was appointed.


[Section 79E amended by section 5 of Act No. 12 of 2013]