| (1) |
The affairs of the CSIR shall be managed by a board, which shall determine the policy and objectives of the CSIR and shall exercise control generally over the performance of its functions, the exercise of its powers and the execution of its duties by the CSIR. |
| (2) |
The Board shall consist of— |
[Sub-section (2)(a) substituted by section 1(a) of Act No. 7 of 2014]
| (b) |
not fewer than five but not more than nine other members, appointed by the Minister, and |
[Sub-section (2) substituted by section 4 of Act No. 71 of 1990]
| (2A) |
Before appointing members of the Board referred to in sub-section 2(a) and (b), the Minister must— |
| (a) |
publish a notice in the Gazette and three newspapers, with due regard to the Use of Official Languages Act, 2012 (Act No. 12 of 2012), calling upon members of the public to nominate persons contemplated in sub-section 2(a) and (b); and |
| (b) |
appoint an independent panel which must compile a shortlist of not more than 20 persons from the nominees referred to in paragraph (a). |
[Sub-section (2A) substituted by section 1(b) of Act No. 7 of 2014]
| (2B) |
If the Minister receives no nominations or an insufficient number of nominations within the period specified in the notice referred to in sub-section (2A)(a), the Minister may, after consultation with the panel referred to in sub-section (2A)(b), either re-advertise or in any other transparent manner, appoint the required number of qualified persons. |
[Sub-section (2B) substituted by section 1(c) of Act No. 7 of 2014]
| (3) |
A member of the Board, excluding the chief executive officer, shall hold office for a period not exceeding four years, but shall be eligible for reappointment. |
[Sub-section (3) inserted by section 5(b) of Act No. 16 of 2011]
| (3A) |
Save as provided for in subsection (3), no member may serve for more than two consecutive terms. |
[Sub-section (3A) inserted by section 5(c) of Act No. 16 of 2011]
| (3B) |
Despite subsection (3A), the Minister may, after consultation with the Board, extend the period of office of any or all of the members of the Board for a period of not more than six months or until a new Board has been appointed, whichever comes first. |
[Sub-section (3B) inserted by section 1(d) of Act No. 7 of 2014]
| (4) |
The chairperson and the members of the Board, excluding a member who is in the full-time employment of the State, shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may determine with the concurrence of the Minister of Finance. |
| (5) |
The members of the Board, including the chairperson shall all be persons who have achieved distinction in science, industry or who have special knowledge or experience in relation to some aspect of the CSIR's functions, including a person who has financial knowledge, and be broadly representative of the demographics of the Republic. |
[Sub-section (5) substituted by section 5(d) of Act No. 16 of 2011]
| (6) |
The chairperson, or in his or her absence a member of the Board elected by the members present, shall preside at any meeting of the Board. |
| (7) |
[Section 7(7) deleted by section 1(a) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2020 - effective 01 April 2021] |
| (a) |
The Minister may from time to time reserve any matter provided for in this Act, as a matter in respect of which a decision of the Board shall be subject to the consent of the Minister. |
| (b) |
The Minister and the Minister of Finance may jointly, from time to time reserve any financial matter provided for in this Act as a matter in respect of which a decision of the Board shall be subject to the consent of the Minister with the concurrence of the Minister of Finance. |
| (8) |
A member of the Board ceases to hold office if— |
| (a) |
or she resigns by written notice to the Minister; |
| (b) |
the Minister, after consultation with the Board, terminates his or her period of office due to misconduct, incapacity, incompetence or any other reasonable ground; |
[Section 7(8)(a)(b) substituted by section 1(b) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2020 - effective 01 April 2021]
| (c) |
he or she is absent from three consecutive meetings of the Board without the permission of the Board; |
| (d) |
he or she is in terms of the Electoral Act, 1998, (Act No. 73 of 1998) or the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), nominated as a candidate for election as a member of Parliament, a provincial legislature or a municipal council; or |
| (e) |
he or she ceases to meet the requirements for appointment as a member of the Board in terms of this Act. |
[Sub-section (8) inserted by section 1(e) of Act No. 7 of 2014]
(9)
| (a) |
Subject to subsection (8), the Minister may, after consideration of a shortlist of candidates referred to in sub-section (2A)(b) or in any other transparent manner, appoint a person who meets the requirements set out in sub-section (5) in that member’s place. |
| (b) |
A person appointed under paragraph (a) must occupy his or her office for the unexpired portion of the term of office of his or her predecessor. |
[Sub-section (9) inserted by section 1(e) of Act No. 7 of 2014]
| (10) |
A person may not be appointed as a member of the Board if that person— |
| (a) |
is not a citizen or permanent resident of the Republic; |
| (b) |
is an unrehabilitated insolvent; |
| (c) |
has been convicted of— |
| (i) |
a crime and sentenced to a term of imprisonment without the option of a fine; or |
| (ii) |
fraud, corruption or any other crime involving dishonesty, within a period of 10 years preceding the date of nomination in terms of sub-section (2A)(a); |
| (d) |
has, as a result of improper conduct, been removed from a position of trust; or |
| (e) |
is not fit and proper to hold office. |
[Sub-section (10 inserted by section 1(e) of Act No. 7 of 2014]
| (11) |
The Minister must, within 30 days of the appointment or reappointment of a member of the Board, submit a report to the National Assembly relating to such appointment or reappointment. |
[Sub-section (11) inserted by section 1(e) of Act No. 7 of 2014]
Contingency Fees Act, 1997
