Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)Chapter Two : Construction Industry Development Board6. Composition of Board |
| (1) | The Board consists of not fewer than nine, but not more than 13 members, appointed by the Minister. |
| (2) | The Minister may, by notice in the Gazette, determine the criteria for nominations in terms of this section, taking into account the objects, powers, functions and duties of the Board as contemplated in sections 4 and 5. |
| (3) | In the appointment of the members of the Board, the Minister must take cognisance of the need to achieve a reasonable balance of expertise and knowledge of the construction industry, whilst broadly reflecting the race, gender and geographic composition of the Republic. |
| (4) | When necessary, the Minister must invite, by notice in the Gazette and other newspapers which are widely read throughout the Republic, nominations of persons as candidates for positions on the Board, to be submitted to the Minister within a period of at least 60 days. |
| (5) | The invitation referred to in subsection (4) must specify the required criteria. |
| (6) | On receipt of any nomination, the Minister must, within 60 days from the expiry date specified in the invitation, appoint the members of the Board. |
| (7) | If the Minister receives no or insufficient nominations within the period specified in the invitation or the notice, the Minister may appoint any person who, in the opinion of the Minister, meets the criteria contemplated in subsection (3). |
| (8) | A nominated person— |
| (a) | must be a citizen of and ordinarily resident in the Republic; |
| (b) | may not be an unrehabilitated insolvent whose insolvency was caused by his or her negligence or incompetence; |
| (c) | may not be a person who has been removed from an office of trust on account of misconduct; |
| (d) | may not be a person who has been convicted of an offence, other than an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without the option of a fine, or, in the case of fraud, to a fine or imprisonment; |
| (e) | subject to subsection (12), may not be a person who has been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment. |
| (9) | Within 30 days after the appointment of the Board, the Minister must determine the time and place of its first meeting and the Board must determine the time and place of any future meeting. |
| (10) | The Minister must, as soon as practicable after the appointment of the members of the Board, by notice in the Gazette, publish— |
| (a) | the name of every person appointed as a member; |
| (b) | the date from which the appointment takes effect; and |
| (c) | the period for which the appointment is made. |
| (11) | Minister must appoint persons, who in the opinion of the Minister have experience and expertise in matters pertaining to the construction industry and its development objectives, to be— |
| (a) | the chairperson of the Board; and |
| (b) | the deputy chairperson of the Board. |
| (12) | For the purpose of subsection (8)(e), the Minister must take cognisance of the prevailing circumstances in a foreign country relating to a conviction. |
| (13) | If a person, who is a political office bearer, accepts an appointment in terms of this section, he or she must vacate the political office before the appointment in terms of this section takes effect. |