National Council on Gender-Based Violence and Femicide Act, 2024 (Act No. 9 of 2024)

12. Removal from office
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(1)

(a) If the Minister is of the opinion that a member of the Board referred to in section 6(1)(a) should be removed on grounds set out in subsection (1)(b)(i) to (iv), the Minister may request the President and the National Assembly to act in accordance with subsection (1)(b).
(b) The President may, on the recommendation of the National Assembly, remove a member referred to in section 6(1)(a) from office—
(i) on the ground of misconduct, incapacity or incompetence;
(ii) for being absent from three consecutive meetings of the Board without permission of the Board;
(iii) for engaging in any activity that is reasonably capable of undermining the purpose of this Act and the functions of the Council; or
(iv) for failure on the part of a member to disclose any interests as contemplated in section 8.
(c) The President may, on the recommendation of the National Assembly, suspend a member listed in terms of section 6(1)(a) pending the outcome of subsection (1)(b).

 

(2)

(a) If the Minister is of the opinion that a member of the Board referred to in section 6(1)(b) should be removed on grounds set out in subsection (2)(b)(i) to (iv), the Minister may request the President to act in accordance with subsection (2)(b).
(b) The President may, on the recommendation of the Minister remove a member referred to in section 6(1)(b) from office—
(i) on the ground of misconduct, incapacity or incompetence;
(ii) for being absent from three consecutive meetings of the Board without permission of the Board;
(iii) for engaging in any activity that is reasonably capable of undermining the purpose of this Act and the functions of the Council; or
(iv) for failure on the part of a member to disclose any interests as contemplated in section 8.
(c) The President may, on the recommendation of the Minister, suspend a member listed in terms of section 6(1)(b), pending the outcome of subsection (2)(b).

 

(3) Before submitting a subsection (1) or (2) request for removal of a member from the Board, the Minister must afford the member in question an opportunity to be heard.