Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 6 : Legal Practitioners' Fidelity FundPart 2 : Operation of Fund69. Removal from office |
(1) | The Board may remove a member of the Board from office on account of— |
(a) | a finding by a disciplinary committee in terms of section 40 of any serious misconduct as set out in the code of conduct contemplated in section 36 on the part of a legal practitioner; |
(b) | incapacity and incompetence which, in the opinion of the Board, debars him or her from serving as a member of the Board; |
(c) | absence from three consecutive meetings of the Board without the permission of the chairperson, except on good cause shown; or |
(d) | a request by the body which or person who elected or designated that member in terms of section 62, on good cause shown by the body or person in question; or |
(e) | his or her becoming disqualified to remain as a member of the Board as contemplated in section 64(2). |
(2) | If the Board has commenced proceedings for the removal of a member, it may suspend that member from office. |
(3) | A member who is suspended from office may not perform or exercise any of the powers or functions of that office or receive any allowances. |
(4) | The Board must follow due process of law if it intends to remove or suspend a member from office, as determined by the Board in the rules contemplated in section 63(1)(f). |