| (1) | A Road Traffic Infringement Agency Board. to represent and control the agency, is hereby established, comprising— |
| (a) | five persons appointed by the Minister, who by virtue of their relevant experience and technical expertise are suitably qualified to perform the functions of the Agency under this Act; |
| (b) | a Director of Public Prosecutions, nominated by the National Director of Public Prosecutions, in consultation with the Minister; and |
| (c) | the registrar of the agency. |
[Section 6(1) substituted by section 4(a) of Act No. 72 of 2002]
| (2) | Prior to the appointment of a person to the board, the Minister must— |
| (a) | by notice in the Gazette, publish his or her intention to appoint that person and invite public comment or objections within the period specified in the notice; |
| (b) | forward a copy of the notice to the relevant Parliamentary Committees; and |
| (c) | take into account any comment or objection received by him or her in accordance with such notice. |
[Section 6(2) substituted by section 4(b) of Act No. 72 of 2002]
| (3) | The members of the board contemplated in subsection (1)(a) hold office for a period not exceeding five years, where after they may be reappointed. |
| (4) | A member of the board contemplated in subsection (1)(a), must vacate his or her office— |
| (a) | upon expiry of his or her term of appointment; |
| (b) | if he or she is incapacitated by physical or mental illness; |
| (c) | if his or her estate is sequestrated; or |
| (d) | if he or she is nominated as a candidate for election as a member of Parliament, a provincial legislature or the council of a local authority. |
| (5) | The Minister may remove a member of the board contemplated in subsection (1)(a) from office if such member— |
| (a) | fails to perform his or her duties diligently or efficiently; |
| (b) | is unable to perform his or her duties because of mental illness or disability; or |
| (c) | has been absent without the permission of the chairperson from two consecutive meetings of the board, without good reason. |
| (6) | The members of the board contemplated in subsection (1)(a) may resign on one month’s written notice to the Minister. |
| (7) | The Minister appoints a member of the board contemplated in subsection (1)(a) or (b) as the chairperson. |
| (8) | The board meets at least twice per year or as often as may be required. |
| (9) | The board determines its own procedures for meetings and decisions and may, in the absence of a chairperson, elect a member contemplated in subsection (1)(a) or (b) as acting chairperson. |
| (10) | Members of the board who are not in the full-time employment of the State may be paid such remuneration and allowances, as may be determined by the Minister in consultation with the Minister of Finance. |
