| (1) | The Board consists of the following 14 voting members, appointed by the Minister in writing: |
| (a) | A judge in active service of a court referred to in section 166(a), (b) or (c) of the Constitution, nominated by the Chief Justice of South Africa after consultation with the Board. |
| (b) | Eight members who, as a whole, have the skills referred to in section 7(2)(e). |
[Section 6(1)(b) substituted by section 41 of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (c) | The chief executive officer. |
| (d) | Three employees appointed by the Board for the management of Legal Aid South Africa, and who are responsible for the management, including the financial management, of Legal Aid South Africa and who are actively involved in developing and implementing Legal Aid South Africa’s strategy nominated by the Board. |
| (e) | The Director-General: Justice and Constitutional Development, or his or her nominee. |
| (2) | The Minister may appoint a person to serve as an alternate in the place of any member referred to in subsection (1)(b), (c) and (d) during that member’s absence from any meeting of the Board, if that person is qualified to be appointed as such member and has been nominated in the same manner as that member. |
| (3) | A decision taken by the Board or an act performed under the authority of the Board is not invalid merely because of a vacancy on the Board or because a person who is not entitled to sit as a member sat as a member at the time the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the required majority of members present at the time, who were entitled to sit as members. |
| (4) | In the case of directors referred to in subsection (1)(b), the Board must, whenever necessary, invite applications for the appointment of persons as directors in the manner determined by the Minister in consultation with the Board. |
[Section 6(4) substituted by section 31 of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG50430, dated 3 April 2024]
| (5) | Any vacancy on the Board arising pursuant to section 10 must be filled in accordance with this section. |
