"disqualified person"
means a person who—
(a) | is engaged in the business of a financial institution, or has a direct material financial interest in a financial institution, except as a financial customer; |
(b) | is a member of the Cabinet, a member of the Executive Council of a province, a member of the National Assembly, a permanent delegate to the National Council of Provinces, a member of a provincial legislature or a member of a municipal council; |
(c) | is an office-bearer of, or is in a remunerated leadership position in, a political party; |
(d) | has at any time been removed from an office or position of trust; |
(e) | is or has been subject to debarment in terms of a financial sector law; |
(f) | is or has at any time been sanctioned for contravening a law relating to the regulation or supervision of financial institutions, or the provision of financial products or financial services or a corresponding law of a foreign jurisdiction; |
(g) | is or has at any time been convicted of— |
(i) | theft, fraud, forgery, uttering of a forged document, perjury or an offence involving dishonesty, whether in the Republic or elsewhere; or |
(ii) | an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Parts 1 to 4, or section 17, 20 or 21 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or a corresponding offence in terms of the law of a foreign country; |
(h) | is or has been convicted of any other offence committed after the Constitution came into effect, where the penalty imposed for the offence is or was imprisonment without the option of a fine; |
(i) | is subject to a provisional sequestration order or is an unrehabilitated insolvent; |
(j) | is disqualified from acting as a member of a governing body of a juristic person in terms of applicable legislation; or |
(k) | is declared by the High Court to be of unsound mind or mentally disordered, or is detained in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002); |