Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 2 : Appointment of Members and Staff of Aviation Safety Investigation Board, Procedure and Requirements in Appointing Members, Filling of Vacancies, Remuneration and Duties of Members and Conflict of Interest of Members16. Disqualification and removal of members of Aviation Safety Investigation Board |
| (1) | A person may not be appointed as a member of the Aviation Safety Investigation Board if he or s he— |
| (a) | is not permanently resident in the Republic; |
| (b) | is a public servant or the holder of any other remunerated position under the State; |
| (c) | is a member of Parliament, any provincial legislature or any municipal council; |
| (d) | is an office-bearer or employee of any party, movement or organisation of a party-political nature; |
| (e) | or his or her family member has a direct or indirect financial interest in the aviation industry; |
| (f) | or his or her business partner or associate holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph (e); |
| (g) | is an unrehabilitated insolvent; |
| (h) | has been declared by a court to be mentally ill or disordered; |
| (i) | has at any time been convicted, whether in the Republic or elsewhere, of— |
| (i) | theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4,or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 15 No. 12 of 2004), or any other offence involving dishonesty; or |
| (ii) | an offence under this Act; |
| (j) | has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), to a period of imprisonment of not less than one year without the option of a fine; or |
| (k) | has at any time been removed from an office of trust on account of misconduct. |
| (2) | A person who is subject to a disqualification contemplated in subsection(1)(b) to (h) may be nominated for appointment as a member of the Aviation Safety Investigation Board, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification. |
| (3) | Subject to subsection (4), a member of the Aviation Safety Investigation Board may be removed from office on account of— |
| (a) | misconduct; |
| (b) | inability to perform the duties of his or her office efficiently; |
| (c) | absence from three consecutive meetings of the Aviation Safety Investigation Board without the permission of the Chairperson of the Aviation Safety Investigation Board, except on good cause shown; |
| (d) | his or her failure to disclose an interest in terms of subsection (1)(e) or (f); |
| (e) | him or her becoming disqualified as contemplated in subsection (1)(b) to (k); or |
| (f) | his or her refusal to sign a performance agreement. |
| (4) | A member of the Aviation Safety Investigation Board may be removed from office by the Minister— |
| (a) | if such member repeatedly fails to perform the duties of office efficiently; |
| (b) | if, due to any physical or mental illness or any other cause, such member becomes incapable of performing the functions of that office or performs them inefficiently; or |
| (c) | for misconduct. |
| (5) | The member vacates his or her office immediately if he or she— |
| (a) | is convicted— |
| (i) | whether in the Republic or elsewhere of murder, robbery, theft, fraud, forgery or uttering a forged document, perjury or any offence involving dishonesty; or |
| (ii) | of any offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), the Companies Act, 1973 (Act No. 61 of 1973), Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the Public Finance Management Act or of contravening this Act; |
| (b) | is convicted of an offence during his or her term of office and sentenced to a period of imprisonment without the option of a fine; or |
| (c) | becomes a political office bearer. |