ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (SHOWING AMENDMENTS MADE BY ACT 5/2003) (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if it finds that the member is not guilty of the misconduct alleged, the suspension of the member shall immediately be rescinded. Filling of vacancies on Board 5. 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. Chairman and vice-chairman of Board 6.(1) The Minister shall designate one of the members as chairman of the Board and another member as vice-chairman of the Board. 49