Companies Act, 2008 (Act No. 71 of 2008)Chapter 8 : Regulatory Agencies and Administration of ActPart E : Administrative provisions applicable to agencies205. Qualifications for membership |
(1) | To be eligible for appointment, designation or co-option as a member of the Companies Tribunal, the Panel, or the Council, and to continue to hold that office, a person must, in addition to satisfying any other specific requirements set out in this Act— |
(a) | not be subject to any disqualification set out in subsection (2); and |
(b) | have submitted to the Minister a written declaration stating that the person is not disqualified in terms of subsection (2). |
(2) | A person may not become, or continue to be, a member of the Companies Tribunal, the Panel, or the Council, if that person— |
(a) | is an office-bearer of any party, movement, organisation or body of a partisan political nature; |
(b) | personally or through a related person has or acquires a personal financial interest that may conflict or interfere with the proper performance of the duties of a member of the Tribunal, Panel, or Council; |
(c) | is disqualified in terms of section 69 from serving as a director of a company; or |
(d) | is subject to an order of a competent court holding that person to be mentally unfit or disordered. |