National Prosecuting Authority Act, 2014 [Chapter 7:20]
No. 5/ 2014
Filling of vacancies of Board
5. On the death of, or vacation of office by, an appointed member of the Board, the
Minister shall fill the vacancy within three months.
Procedure of Board
6.(1) Subject to subparagraph (2), the Board shall meet at such dates, times and places as
may be fixed by the chairperson:
Provided that the Board shall meet at least once every three months.
(2) The chairperson—
(a) may convene a special meeting of the Board at any time; and
(b) shall convene a special meeting of the Board on the written request of not fewer than
two members, which meeting shall be convened for a date not sooner than seven days
and not later than thirty days after the chairperson’s receipt of the request.
(3) Written notice of a special meeting convened in terms of subparagraph (2) shall be sent
to each member not later than forty-eight hours before the meeting and shall specify the
business for which the meeting has been convened:
Provided that a failure by a member to receive such a notice, or an inadvertent failure to
send notice to a member, shall not invalidate the meeting.
(4) No business shall be discussed at a special meeting convened in terms of subparagraph
(2) other than—
(a) such business as may be determined by the chairperson where he or she convened the
meeting in terms of subparagraph (2)(a); or
(b) the business specified in the request for the meeting, where the chairperson convened
the meeting in terms of subparagraph (2)(b).
(5) In the absence of the chairperson the deputy chairperson shall preside over the meeting
of the Board as chairperson.
(6) In the absence of the chairperson or deputy chairperson, the members present shall, if
they constitute a quorum, elect one of their numbers to preside over the meeting of the Board as
chairperson.
(7) At any meeting of the Board, five of the members of the Board shall form a quorum.
(8) The Board will undertake to make decisions by consensus among the members present
at the meeting of the Board at which a quorum is present; failing which anything authorised or
required to be done by the Board shall be decided by a majority vote of the members at that
meeting.
(9) At all meetings of the Board each member present shall have one vote on each question
before the Board:
Provided that, in the event of an equality of votes, the chairperson or person presiding at the
meeting shall have a casting vote in addition to his or her deliberative vote.
(10) With the approval of the Board, the chairperson may invite any person to attend a
meeting of the Board where the chairperson considers that the person has special knowledge or
experience in any matter to be considered at the meeting.
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