Companies Act, 2008 (Act No. 71 of 2008)Chapter 8 : Regulatory Agencies and Administration of ActPart B : Companies Tribunal194. Appointment of Companies Tribunal |
(1) | The Minister must— |
(a) | appoint the chairperson and other members of the Companies Tribunal no later than the date on which this Act comes into operation; and |
(b) | appoint a person to fill any vacancy on the Tribunal. |
(2) | A person may not be— |
(a) | appointed as chairperson or member of the Tribunal unless the person satisfies the requirements of section 205; or |
(b) | reappointed to a second term as chairperson of the Tribunal. |
(3) | The Tribunal must comprise— |
(a) | persons with suitable qualifications and experience in economics, law, commerce, industry or public affairs; and |
(b) | sufficient persons with legal training and experience to satisfy the requirements of section 195(3)(a). |
(4) | The Minister must designate a member of the Tribunal as deputy chairperson of the Tribunal. |
(5) | The deputy chairperson performs the functions of chairperson whenever— |
(a) | the office of chairperson is vacant; or |
(b) | the chairperson is for any other reason temporarily unable to perform those functions. |
(6) | Sections 206 and 207 apply to the chairperson and other members of the Tribunal. |
(7) | The chairperson and each other member of the Tribunal serves for a term of five years and may, subject to subsection (2)(b), be reappointed for a second term. |