No. 4/2018 15 PuBLic EN"nTms CoRPORATE GoVERNANCE Cap.10:31 Resignation of board members of public entities (1) Where a board member of a public entity resigns, the head of the line Ministry shall endeavour to ascertain from the member the reasons for his or her resignation, and any findings made by the head of the line Ministry in that regard shall be communicated without delay to the Unit. (2) Where two or more board members of a public entity resign, whether simultaneously or within a period of one month, the line Minister may conduct an investigation in order to ascertain the reasons for their resignations, and any findings made by the line Minister shall be con1municated without delay to the Office of the President and Cabinet. (3) An investigation in tem1s of subsection (2) may be conducted as a special investigation in terms of section 41 ("Special investigations') or in such other manner as may be prescribed or as the President, through the Office of the President and Cabinet, may determine. (4) A person whose resignation is the subject of inquiry in terms of subsection (1) or investigation in terms of subsection (2) shall answer truthfully to the best of his or her ability all questions that are put to him or her as to the reasons for his or her resignation; Provided that this subsection shall not be construed as compelling a person to answer any question whose answer may su~ject him or her to any civil or criminal penalty. (5) In any case where a head of a line Ministry or a line Minister declines to exercise his or her powers under subsection (1) or (2), the Minister responsible for this Act may, with the leave of the President, do so, after the President has afforded the line Minister a reasonable oppottunity to exercise such powers or to make such representations on the matter as the line Minister thinks fit or relevant. 16 Dismissal of board members of public entities (1) Notwithstanding any provision to the contrary in the enabling instrument of the entity concerned, no board member of a public entity shall be dismissed or required to vacate his or her office unless-(a) he or she has been guilty of conduct inconsistent with his or her membership of the entity; or (b) he or she has become disqualified for appointment to the board; or (c) where he or she was appointed to the board by virtue of having a particular qualification, he or she has ceased to have that qualification; or (d) he or she has failed to comply with his or her conditions of service or with the provisions of his or her perfonnance contract; or (e) he or she, whether individually or together with other members of the board, has failed to draw up a strategic plan or to comply \Vith its provisions or to attain any material objective set out in it; or (f) he or she has been absent, without just cause and without leave of the board or its chairperson, from three or more consecutive meetings of the board; nor, in any such case, unless the line Minister has been given at least seven days' written notice of the intended dismissal or removal from office. (2) The head of the line Ministry shall promptly infonn the head of the Unit of the dismissal or removal from office of a board member of a public entity. 88