Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force62D. Disqualification from membership and removal from office |
| 1) | No person may be appointed as a member of the Commission if he or she— |
| a) | is a member of the Defence Force; |
| b) | is an unrehabilitated insolvent; or |
| c) | has been convicted of any offence for which that person has been sentenced to imprisonment without the option of a fine for a period of not less than 12 months, unless a period of at least five years has expired after the date on which the sentence was served. |
| 2) | For the purposes of subsection (1)(c), no person is deemed to have been sentenced until an appeal against the conviction or sentence has been disposed of or until the period has expired within which an appeal may be lodged, as the case may be. |
| 3) | The Minister may remove a member of the Commission from office on account of— |
| a) | misconduct; |
| b) | inability to perform the duties of that member's office effectively and efficiently; or |
| c) | absence from three consecutive meetings of the Commission without the prior permission of the chairperson, except on good cause shown. |