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Dismissal
or (1) The Minister in consultation with the President may require a
suspension of member to vacate his office if the membermembers
(a) has, subject to subsection (3), been found to have conducted
himself in a manner that renders him unsuitable as a member,
including a contravention of section sixteen or subsection (2) of
section twenty four; or
(b) has failed to comply with any term or condition of his office
fixed by the President in terms of subsection (3) of section seven;
or
(c) is mentally or physically incapable of efficiently carrying out
his functions as a member; or
(d) has been absent without the permission of the Board from two
consecutive meetings of the Board of which he was given at least
seven days’ notice, and there was no just cause for the member’s
absence.
(2) The Minister in consultation with the President, on the
recommendation of the Minister, may suspend a member
(a) whom he suspects on reasonable grounds of having been
guilty of conduct referred to in paragraph (a) of subsection (1); 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 shall not carry out any functions as
a member.
(3) A member suspended in terms of paragraph (a) of subsection
(2) 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 Minister showing cause why
no finding of misconduct rendering him unsuitable to be member
of the Board should be made.
(4) The Minister in consultation with the President, on the
recommendation of the Minister, shall require a member
suspended in terms of paragraph (a) of subsection (2) to vacate
his office if
(a) no representations are made by the member in terms of
subsection (3); or
(b) the President finds that, notwithstanding representations
made in terms of subsection (3), the member is guilty of the
misconduct alleged.
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