WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(a)
A member or an alternate member of the board shall hold his office, subject to the
provisions of subsection (5)–
(i) in the case of an officer, at the Minister’s pleasure; and
(ii) in any other case, for such period, but not exceeding five years, as the Minister may
determine at the time of appointment of that member or alternate member, and such
member or alternate member shall after the expiration of the said period continue in office
for a further period, but not exceeding three months, until his successor has been
appointed.
(b)
If a member or an alternate member of the board ceases to hold office for any reason, the
Minister may, subject to the provisions of subsection (2), appoint any person in his place for the
unexpired period of his term of office.
(c)
Any person whose term of office as a member or an alternate member of the board has
expired, shall be eligible for reappointment.
(5)
(a)
A member or an alternate member of the board shall vacate his office–
(i) if he becomes subject to any disability mentioned in subsection (3);
(ii) if he becomes of unsound mind;
(iii) if, in the case of a member, he has been absent from more than two consecutive meetings
of the board without the leave of the chairman; or
(iv) if, in the case of a member or an alternate member nominated by a body specified in
subsection (2) (a) (i), (ii) or (iv), the body concerned notifies the Director–General in
writing that such member or alternate member shall no longer serve on the board as
nominee of that body.
[Sub–para. (iv) substituted by s. 1 (c) of Act No. 11 of 1993.]
(b)
The Minister may at any time remove a member or an alternate member of the board from
his office if in the opinion of the Minister sound reasons exist for doing so.
(6)
(a)
The member referred to in subsection (2) (a) (v) shall be the chairman of the board.
(b)
The members of the board shall at the first meeting of the board, and thereafter whenever
necessary, elect a vice–chairman from among the members referred to in subsection (2) (a) (i), (ii), (iii)
and (iv).
(c)
If both the chairman and the vice–chairman are absent from a meeting of the board, the
members present shall from among their number elect a person to preside at that meeting.
(7)
(a)
The first meeting of the board shall be held at a time and place determined by the
chairman, and thereafter at such times and places as the board may from time to time determine.
(b)
Notwithstanding the provisions of paragraph (a) the chairman of the board may at his
discretion call a special meeting of the board at such time and place as he may determine, with a view
to dealing with special or urgent matters, and he shall call a special meeting within 14 days of the date
on which he has received a written request to this effect from the Minister or at least four members of
the board.
(c)
The majority of the members of the board shall constitute a quorum for a meeting of the
board.
(d)
The decision of the majority of the members of the board present at a meeting thereof
shall constitute a decision of the board and in the event of an equality of votes on any matter, the
person presiding at the meeting in question shall have a casting vote in addition to his deliberative
vote.
(e)
No decision taken by the board or act performed on the authority of the board shall be
invalid merely by reason of a vacancy on the board or because a person who was not entitled to sit as
a member, sat as such member at the time when the decision was taken or the act was authorized, if the
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
page 4 / 25