Act No. 32, 2008
LIQUOR PRODUCTS AMENDMENT ACT. 2008
A m e n d m e n t o f section 2 o f Act 6 0 of 1989, as a m e n d e d by section 1 of A c t 11 of 1993
2. Section 2 of the principal Act is h e r e b y a m e n d e d —
(a) by the substitution for subsection (2) of the following subsection:
" ( 2 ) (a) T h e board consists of—
(i) at least eight persons with the relevant k n o w l e d g e , skills or
expertise in viticulture, oenology, distilling, regulatory e n v i r o n m e n t
of the liquor industry, liquor production, food safety or
microbiology;
(ii) three officers of the D e p a r t m e n t nominated by the D e p a r t m e n t ;
(iii) one person nominated by the Agricultural Research C o u n c i l ; and
(iv) one person designated by the Minister.
(b) T h e Minister shall appoint the m e m b e r s of the board c o n t e m p l a t e d
in p a r a g r a p h (a)(i) subject to paragraph (d). and shall designate one of the
m e m b e r s of the board as chairperson.
(c) The Minister shall notify Parliament in writing of the a p p o i n t m e n t
of the m e m b e r s of the board within 30 d a y s after such an a p p o i n t m e n t .
(d) T h e process for the a p p o i n t m e n t of the m e m b e r s of the board shall
be as follows:
(i) T h e Minister shall, by notice in the Gazette and in any national
n e w s p a p e r circulating in every p r o v i n c e of the Republic, invite
persons, stakeholders and the industry to submit to the Minister,
within a period m e n t i o n e d in the notice, the n a m e s of persons w h o
c o m p l y with the criteria referred to in paragraph (a)(i);
(ii) the Minister shall establish a selection c o m m i t t e e consisting of at
least four persons and designate a chairperson for the c o m m i t t e e ;
and
(iii) the selection c o m m i t t e e shall, from the n o m i n a t i o n s submitted to it,
compile a short-list of eligible candidates and submit its r e c o m m e n
dation to the Minister for the a p p o i n t m e n t of m e m b e r s to the
board.";
(b) by the substitution for subsection (3) of the following subsection:
" ( 3 ) N o person shall be appointed as a m e m b e r [or alternate
m e m b e r ] of the b o a r d —
(a) unless he or she is a South African citizen p e r m a n e n t l y resident in
the R e p u b l i c ;
(b) if he or she is an unrehabililated insolvent;
(c) if he or she has [ m o r e t h a n o n c e ] been convicted of an offence
under this A c t : or
(d) if he or she has been convicted of any offence for which he or she
has been sentenced to i m p r i s o n m e n t without the option of a fine.'";
(c) by substitution for subsection (4) of the following subsection:
" ( 4 ) ( a ) A m e m b e r [or a n alternate m e m b e r ] of the board shall hold
[his] office, subject to [the p r o v i s i o n s of] subsection ( 5 ) , [ —
(i) in t h e c a s e of a n officer, at t h e M i n i s t e r ' s p l e a s u r e ; a n d
(ii) in a n y o t h e r c a s e , for s u c h p e r i o d , but] for a period not e x c e e d i n g
[five y e a r s , as the M i n i s t e r m a y d e t e r m i n e at the t i m e o f
a p p o i n t m e n t of that m e m b e r o r alternate m e m b e r ] three years,
and such m e m b e r [or a l t e r n a t e m e m b e r ] shall after the expiration
of [the s a i d ] such period, continue in office [for a further p e r i o d ,
but not e x c e e d i n g three m o n t h s , ] until his or her successor has
been appointed.
(b) If a m e m b e r [or an a l t e r n a t e m e m b e r ] of the board ceases to hold
office for any reason, the Minister may. subject to [the p r o v i s i o n s of]
subsection (2), appoint any person in his or her place for the unexpired
period of his or her term of office.
(c) Any person w h o s e term of office as a m e m b e r [or alternate
m e m b e r ] of the board has expired, shall i m m e d i a t e l y thereafter be
eligible for reappointment without c o m p l y i n g with the process c o n t e m
plated in subsection (2)(d).
(d) A m e m b e r of the b o a r d m a y not serve m o r e than t w o c o n s e c u t i v e
terms.";