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10 Dismissal or suspension of members
(1) The President may require a member to vacate his office if the member ⎯
(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 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 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.
11 Filling of vacancies on Board
On the death of, or vacation of office by, a member, the President 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 section six, the President shall fill the vacancy within three weeks.
12 Chairman and vice-chairman of Board
(1) The President shall designate one of the members as chairman of the Board and another
member as vice-chairman of the Board.
(2) The vice-chairman of the Board shall perform the chairman’s functions whenever the
chairman is for any reason unable to perform them.
(3) The chairman or vice-chairman of the Board may at any time resign his office as such by
one month’s notice in writing to the Minister.
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