Communal Land Rights Act, 2004 (Act No. 11 of 2004)Chapter 8 : Land Rights Board26. Composition |
| 1) | Members of a Board must be appointed by the Minister in accordance with the prescribed nomination and selection processes. |
| 2) | A Board consists of- |
| a) | one representative from each of the organs of State determined by the Minister; |
| b) | two members nominated by each Provincial House of Traditional Leaders contemplated in section 212(2)(a) of the Constitution having jurisdiction in the area of that Board; |
| c) | one member nominated by institutions or persons in the commercial or industrial sector; |
| d) | seven members from the affected communities, of whom at least- |
| i) | one must represent the interests of child-headed households; |
| ii) | one must represent the interests of persons with disabilities; |
| iii) | one must represent the interests of the youth as defined in section 1 of the National Youth Commission Act, 1996 (Act No. 19 of 1996); and |
| iv) | one must represent the interests of female-headed households. |
| 3) | In appointing members of a Board, the Minister must- |
| a) | have due regard to the required knowledge of land, land tenure, old and new order rights and the required capabilities, including relevant skills, expertise and experience; and |
| b) | ensure that at least a third of the Board members are women. |
| 4) | A member of a Board is appointed for a period of five years but the Minister may in her or his discretion extend such term of office by a further period not exceeding six months until a new Board member has been appointed. |
| 5) |
| a) | The Minister must, after consultation with the appointed Board members, appoint a chairperson and a deputy chairperson from among such members. |
| b) | When a chairperson is unable to perform her or his duties, the deputy chairperson must perform such duties. |
| 6) | The Minister must publish in the Gazette the names of, and position held by, each appointee to a Board, the date on which each appointment takes effect and such other information as may be prescribed. |
| 7) | If a member of a Board dies or vacates her or his office before the expiry of her or his term of office, the Minister may appoint a person to fill the vacancy for the remaining portion of such term. |