| (1) | The board shall not appoint a person as a Commissioner who— |
| (a) | is not a South African citizen; |
| (b) | or whose spouse, life partner, business partner or associate, holds an office in or is employed by or has any other interest whatsoever, whether direct or indirect, in any company or other entity which supplies goods or renders services to the Commission, unless such an interest is declared to the satisfaction of the Minister; |
| (c) | is disqualified to act as a director of a company incorporated in terms of the Companies Act, 2008 (Act No. 71 of 2008); |
| (d) | has been found in any civil or criminal proceedings by a court of law, whether in the Republic or elsewhere, to have acted fraudulently, dishonourably or in breach of a fiduciary duty, or of any other offence for which such person has been sentenced to direct imprisonment without the option of a fine; |
| (e) | has been removed from a position of trust; |
| (f) | has prematurely been removed as member of a board or other accounting authority of a public entity; |
| (g) | was at any time found to be in contravention of this Act; |
| (h) | has been declared by a court of law to be of an unsound mind; or |
| (i) | is an unrehabilitated insolvent. |
| (2) | Nothing in this Act prevents the board from subjecting a prospective Commissioner or a Commissioner to a probity test to determine suitability or continued suitability of a candidate for appointment as a Commissioner or continued appointment as a Commissioner. |
[Section 2E inserted by section 4 of Act No. 32 of 2013]
