Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 12A : Resolution of Designated Institutions

Part 6 : Corporation for Deposit Insurance - establishment, functions and governance

166AN. Removal of Chief Executive Officer of Corporation

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(1) The Board must, subject to due process, remove the Chief Executive Officer of the Corporation from office if the Chief Executive Officer becomes a disqualified person.

 

(2) The Board may remove the Chief Executive Officer of the Corporation from office on the grounds that the Chief Executive Officer—
(a) is unable to perform the duties of office for health or other reasons;
(b) has failed in a material way to achieve the level of performance against the performance measures agreed to in terms of section 166AL(2);
(c) has failed in a material way to discharge any of the responsibilities of office, including any responsibilities entrusted in terms of legislation; or
(d) has acted in a way that is inconsistent with continuing to hold the office.

 

(3)Without limiting subsection (2)(c), the Chief Executive Officer of the Corporation must be taken to have failed in a material way to discharge the responsibilities of office if he or she is absent from two consecutive meetings of the Board without the leave of the Board.

 

[Section 166AN inserted by section 51 of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 24 March 2023 per (a) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]