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

6. Board of Council

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(1) The Board must consist of not more than 15 members, comprising—
(a) seven representatives from civil society and the private sector;
(b) one representative from each of the following organs of state:
(i) The Department of Women, Youth and Persons with Disabilities;
(ii) the Department of Justice and Constitutional Development;
(iii) the Department of Social Development;
(iv) the Department of Health;
(v) the Department of Co-operative Governance and Traditional Affairs;
(vi) the South African Police Service;
(vii) the Department of Basic Education; and
(viii)the National Prosecuting Authority; and
(c) the Chief Executive Officer, who is an ex offıcio member of the Board without voting rights.

 

(2) Only members of the Board referred to in subsection (1)(a) must be appointed by the President, and must before appointment be subjected to a security screening as envisaged in section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).

 

(3) The President must, whenever it becomes necessary to appoint the members of the Board referred to in subsection (1)(a), make an appointment from a list of persons recommended by the National Assembly by way of resolution with a supporting vote of a majority of the members of the Assembly.

 

(4) Each member referred to in subsection (1)(b) must—
(a) be nominated by the respective Cabinet members responsible for women, youth and persons with disabilities, justice and constitutional development, social development, health, co-operative governance and traditional affairs, police and basic education; and
(b) hold a rank that is not lower than that of Deputy Director-General.

 

(5) Members appointed in terms of this section must—
(a) be fit and proper persons to hold office;
(b) be persons with applicable knowledge and expertise with regard to matters that are related to the purpose of this Act; and
(c) reflect the demographics and geographical spread of South Africa.

 

(6)

(a) The President must designate one of the members as Chairperson and another member as Deputy Chairperson.
(b) The President must ensure that the positions of Chairperson and Deputy Chairperson are held alternately by a person contemplated in subsection (1)(a) and (b).

 

(7) Whenever the Chairperson is for any reason unavailable, the Deputy Chairperson must perform the responsibilities and duties of Chairperson. Should both the Chairperson and Deputy Chairperson not be available to fulfil their responsibilities, the President may designate one of the members to temporarily act as a Chairperson or Deputy Chairperson for a period not exceeding six months.

 

(8) The Board, in managing the execution of the functions of the Council, as contemplated in section 5, must—
(a) monitor the implementation of the action plan of the Council; and
(b) exercise general control over the Council’s powers and the execution of the Council’s functions.

 

(9) The Minister may co-opt any person for a period not exceeding six months at the request of the Board, to assist the Board with regard to its functions in order to—
(a) advise and provide the necessary expertise in their specific field; or
(b) represent a relevant stakeholder.

 

(10)A person co-opted in terms of subsection (9) may take part in the proceedings of the Board or its committee but is not entitled to vote.