National Empowerment Fund Act, 1998 (Act No. 105 of 1998)8. Appointment of trustees |
(1) The President must on the advice of the Minister appoint not more than seven but not less than five trustees.
| (2) | For purposes of the appointment of the trustees referred to in subsection (1), the Minister must through the media and by notice in the Gazette invite nominations of persons as candidates for such appointment, not less than 10 days after publication. |
(3)
| (a) | The Minister must after the expiry of the period referred to in subsection (2) for nomination, and having due regard to the provisions of section 6, recommend candidates to the President for appointment as trustees. |
| (b) | The number of candidates so recommended, must not exceed the number of trustees referred to in subsection (1) by more than three. |
| (c) | If the President determines that circumstances exist which render any or some of such candidates unacceptable, he or she must inform the Minister of those circumstances. |
| (d) | After receiving information referred to in paragraph (c), the Minister may— |
| (i) | invite further nominations in accordance with subsection (2); |
| (ii) | recommend other candidates in accordance with subparagraph (i); or |
| (iii) | advise the President that the recommendation of other candidates is not necessary. |
| (e) | The President must thereafter make appointments from the candidates recommended by the Minister, and appoint one of the candidates as the chairperson of the Board. |
| (f) | The administrative work necessary for compliance with section 2 must be performed by officers within the Department of the Minister. |
(4)
(a) The additional trustees must be appointed by the Minister on the recommendation of the trustees.
(b) The procedure for the appointment of additional trustees must be as follows:
| (i) | The trustees appointed in terms of subsection (1) must as soon as practicable after taking office recommend to the Minister, from the management team, for appointment as additional trustees such other persons as they may nominate having regard to the provisions of section 6. |
(ii) The Minister must appoint the additional trustees from the names so submitted.
(iii) The trustees so appointed will be the executive members of the Trust.
| (5) | Where a vacancy in the office of the Trust occurs the procedure referred to in subsections (3) and (4) must, with the necessary changes, apply. |