(a) a person, not being a member of the Commission, appointed by the Minister from a list of three registered legal practitioners recommended by the Attorney-General, who shall be the chairperson of the
Committee; and
(b) a member of the Commission chosen by the Minister from a panel of three members of the Commission
nominated by the Commission; and
(c) a person chosen by the Minister from a list of not less than three names submitted by the portfolio committee of Parliament responsible for the media, who shall not be members of Parliament.
(2) The Independent Disciplinary Committee shall reach its decisions by consensus or, failing consensus, by
a vote of the majority of its members.
(3) A member of the Commission shall vacate his or her office if the member—
(a) has, subject to subparagraph (5), been found to have conducted himself or herself in a manner that renders him or her unsuitable as a member, including a contravention of paragraph 9; or
(b) has failed to comply with any term or condition of his or her office fixed by the Minister in terms of
subparagraph (3) of paragraph 1; or
(c) is mentally or physically incapable of efficiently carrying out his or her functions as a member; or
(d) has been absent without the permission of the Commission from two consecutive meetings of the Commission of which he or she was given at least seven days' notice, and there was no just cause for the
member's absence.
(4) The Minister may suspend a member of the Commission—
(a) whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (a) of subparagraph (3); or
(b) against whom criminal proceedings have been instituted for an offence in respect of which a sentence of
imprisonment without the option of a fine may be imposed;
and while that member is so suspended he or she shall not carry out any functions as a member.
(5) A member suspended in terms of subparagraph (a) of subparagraph (4) shall be given notice in writing of
the grounds for the suspension and may, within fourteen days of being so notified, make written representations to
the Independent Disciplinary Committee showing cause why no finding of misconduct rendering him or her unsuitable to be member of the Commission should be made.
(6) The Independent Disciplinary Committee shall require a member suspended in terms of subparagraph (a)
of subparagraph(4) to vacate his or her office if—
(a) no representations are made by the member in terms of subparagraph (5); or
(b) it finds that the member is guilty of the misconduct alleged, upon receiving the written representations
of the member referred to in subparagraph (5) and after affording such member, the Minister and any
other person whom it considers to have any interest or knowledge in the matter to make such further
representations to it, written or oral, as it deems necessary:
Provided that if it finds that the member is not guilty of the misconduct alleged, the suspension of
the member shall immediately be rescinded.
[Paragraph substituted by section 4 of Act 21 of 2004]
5. Filling of vacancies on Board
On the death of, or vacation of office by, a member, the Minister may appoint a qualified person to fill the vacancy:
Provided that if as a result of the vacancy the number of members falls below the minimum number specified
in paragraph 5, the Minister shall fill the vacancy within three weeks.
6. Chairman and vice-chairman of Board
(1) The Minister shall designate one of the members as chairman of the Board and another member as vicechairman of the Board.
(2) The vice-chairman of the Board shall perform the chairman’s functions whenever the chairman is for any
reason unable to perform them.
(3) The chairman or vice-chairman of the Board may at any time resign his office as such by one month’s notice in writing to the Minister.
(4) Whenever the office of chairman or vice-chairman of the Board falls vacant, the Minister shall fill the vacancy within three weeks.
7. Meetings and procedure of Board
(1) The Board shall hold its first meeting on such date and at such place as the Minister may fix, being not
more than three months after the fixed date, and thereafter the Board shall meet for the dispatch of business as
often as is necessary or expedient and, subject to this paragraph, may adjourn, close and otherwise regulate its
meetings and procedure as it thinks fit:
Provided that the Board shall meet not less than six times in each year.