Companies Act, 2008 (Act No. 71 of 2008)Chapter 8 : Regulatory Agencies and Administration of ActPart E : Administrative provisions applicable to agencies207. Resignation, removal from office and vacancies |
| (1) | A member of the Companies Tribunal or the Council may resign by giving to the Minister— |
| (a) | one month written notice; or |
| (b) | less than one month written notice, with the approval of the Minister. |
| (2) | A member of the Panel may resign by giving written notice jointly to the Minister and the relevant entity responsible for the designation of that member, if any. |
| (3) | The Minister, after taking the steps required by subsection (4), may remove a member of the Companies Tribunal, Panel or Council only if that member has— |
| (a) | become disqualified in terms of section 205(2); |
| (b) | acted contrary to section 206(2); |
| (c) | failed to disclose an interest or withdraw from a meeting as required by section 206(3); or |
| (d) | neglected to properly perform the functions of their office. |
| (4) | Before removing a person from office in terms of subsection (3), the Minister must afford the person an opportunity to state a case in defence of their position. |