| (1) | The Immigration Advisory Board is hereby established. |
| (2) | The Board shall consist of— |
(a)
| (aa) | the Director-General; |
| (bb) | the Head of the Immigration Services Branch of the Department; |
| (ii) | any representative, at least equivalent to the rank of Deputy Director-General, from any department or organ of state whom the Minister considers relevant; |
| (iii) | a person representing organised business; |
| (iv) | a person representing organised labour; and |
| (v) | up to five individual persons appointed by the Minister in the prescribed manner on the basis of their knowledge, experience and involvement pertaining to immigration law, control, adjudication or enforcement. |
| (b) | The Minister shall designate from the members of the Board a Chairperson and Deputy Chairperson of the Board. |
[Section 4(2) amended by section 3(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (3) | [Section 4(3) deleted by the Immigration Amendment Act, 2004 (Act No. 19 of 2004)] |
| (4) | A member of the Board referred to in subsection (2)(a) (iii), (iv) and (v) shall— |
| (a) | serve for a four-year-term, at the expiry of which they shall be eligible for one or more re-appointments, provided that the Minister may elect to fill any vacancy which may occur by appointing a person for the unexpired portion of the term of the member in whose place such person is appointed; |
| (i) | be or become an unrehabilitated insolvent; |
| (ii) | be or have been judicially declared of unsound mind; |
| (iii) | suffer an infirmity of mind or body preventing him or her from the proper discharge of the duties of his or her office; |
| (iv) | be convicted by final conviction or sentence of an offence without the option of a fine; |
| (v) | be or become a political office bearer; or |
| (vi) | be or have been removed from an office of trust on account of misconduct involving theft or fraud; |
| (ii) | if requested by the Minister to resign for good cause; |
| (iii) | if he or she fails to attend two consecutive meetings of the Board, unless his or her apology has been accepted by the Board; or |
| (iv) | if he or she becomes disqualified in terms of this Act; and |
| (d) | be paid such remuneration and be entitled to such benefits and allowances as determined from time to time by the Minister after consultation with the Director-General and with the approval of the Minister of Finance. |
[Section 4(4) amended by section 3(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (5) | The Administrative work connected with the performance of the functions of the Board shall be performed by officers of the Department, designated by the Director-General for that purpose. |
| (6) | [Section 4(6) deleted by the Immigration Amendment Act, 2004 (Act No. 19 of 2004)]. |
| (7) | The Minister may dissolve the Board on such terms and conditions as he or she sees fit, provided that a new Board shall be convened within 90 calendar days. |
| (8) | [Section 4(7) deleted by the Immigration Amendment Act, 2004 (Act No. 19 of 2004)] |
| (9) | Subject to this Act, the Board shall operate and meet as prescribed. |
