[Section 7 heading substituted by section 7(a) and section 33(e) of Proc 52, GG 45959, dated 25 February 2022]
[Words preceding section 7(1)(a) substituted by section 7(b) of Proc 52, GG 45959, dated 25 February 2022]
| (a) | is not a citizen of and is not permanently resident in the Republic; |
| (b) | at the time when the appointment is to be made, holds an office of profit in the service of the State; |
| (c) | directly or indirectly, whether personally or through his or her spouse, partner or associate, has a direct or indirect financial interest in the film, publishing or printing industry; |
| (d) | or his or her spouse, partner or associate, holds an office in or is employed by any company, organisation or other body, whether corporate or incorporate, which has a direct or indirect financial interest of the nature contemplated in paragraph (c); |
| (e) | is an unrehabilitated insolvent; |
| (f) | is subject to an order of a competent court declaring him or her to be mentally ill or mentally disordered; |
| (g) | is convicted, after the commencement of this Act, whether in the Republic or elsewhere, of any offence for which he or she has been sentenced to imprisonment without the option of a fine; |
| (h) | at any time before the commencement of this Act was, or at any time after such commencement is, convicted— |
| (i) | in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992); or Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); |
[Section 7(1)(h)(i) substituted by section 8(c) of Notice No. 876, GG 32534, dated 28 August 2009]
| (ii) | elsewhere than in the Republic, of any offence corresponding materially with any offence referred to in subparagraph (i); or |
| (iii) | whether in the Republic or elsewhere, of any other offence involving dishonesty; or |
| (i) | has been or is found guilty of any offence in terms of this Act. |
| (2) | Whenever circumstances in relation to a member of the Council, Appeal Tribunal or Enforcement Committee so change that it would have disqualified him or her from being appointed as such a member, had they been in existence at the time of his or her appointment, the seat of that member shall become vacant, and the vacancy in such seat shall be filled in accordance with section 6. |
[Section 7(2) substituted by section 7(c) of Proc 52, GG 45959, dated 25 February 2022]
