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Legislative Texts
SOUTH AFRICA
“officer” means an officer as defined in section 1 of the Public Service Act, 1984 (Act No. 111 of
1984), and includes an employee as so defined;
“prescribed” means prescribed by regulation;
“regulation” means a regulation made under section 27;
“scheme” means a scheme which has been established under section 14;
“sell” includes agree to sell, or offer, advertise, keep, expose, transmit, send, convey or deliver for
sale, or to exchange or to dispose of in any way for any consideration; and “sale” and “sold” have
corresponding meanings;
“specially authorized liquor” means a product in respect of which an authority which has been
granted under section 10, or which is deemed to have been so granted, is in force;
“spirit” means a product which complies with the requirements referred to in section 7;
“spirit–based liquor” means a product which complies with the requirements referred to in section 9;
“this Act” includes the regulations;
“wine” means a product which complies with the requirements referred to in section 5.
2. Wine and Spirit Board.–
(1) There is hereby established a board to be known as the Wine and Spirit Board, and which shall
be a juristic person.
(2)
(a)
The members of the board shall be appointed by the Minister and shall consist of–
(i) four persons nominated by the “Ko–operatieve Wijnbouwers Vereniging van Zuid–Afrika,
Beperkt”;
(ii) four persons nominated by the Cape Wine and Spirit Institute;
(iii) two officers of the department;
(iv) not more than two persons nominated by the Agricultural Research Council by virtue of
their involvement in oenological and viticultural research; and
[Sub–para. (iv) substituted by s. 1 (a) of Act No. 11 of 1993.]
(v) a person determined by the Minister after consultation with the bodies mentioned in
subparagraphs (i) and (ii).
(b)
The Minister shall, subject to the provisions of the relevant subparagraph, appoint an
alternate member for each of the members referred to in subparagraphs (i), (ii), (iii) and
(iv) of paragraph (a).
(c)
An alternate member may in the absence of the member for whom he was so appointed,
attend any meeting of the board, and act thereat in the place of that member.
(d)
Whenever it becomes necessary, the Director–General shall request the bodies mentioned
in subparagraphs (i), (ii) and (iv) of paragraph (a) in writing to submit the applicable nominations to him
in writing within the period specified in the request.
[Para. (d) substituted by s. 1 (b) of Act No. 11 of 1993.]
(e) If such body fails to submit the nominations concerned within the period determined in terms
of paragraph (d), the Minister may appoint such persons as he may deem fit in the place of the persons
required to be nominated by that body.
(3) No person shall be appointed as a member or alternate member of the board–
(a)
unless he is a South African citizen permanently resident in the Republic;
(b)
if he is an unrehabilitated insolvent;
(c)
if he has more than once been convicted of an offence under this Act; or
(d)
if he has been convicted of any offence for which he has been sentenced to imprisonment
without the option of a fine.
(4)
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
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