National Health Act, 2003 (Act No. 61 of 2003)

Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures

79E. Disqualification from membership of Board and vacation of office

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(1)A person may not be appointed as a member of the Board if that person—
(a)is not a South African citizen and ordinarily resident in the Republic;
(b)is an unrehabilitated insolvent;
(c)has at any time been convicted of an offence involving dishonesty, whether in the Republic or elsewhere, and sentenced to imprisonment without the option of a fine; or
(d)has been removed from an office of trust.

 

(2)A member of the Board must vacate his or her office if—
(a)he or she becomes disqualified in terms of subsection (1) from being appointed as a member of the Board;
(b)he or she submits his or her resignation to the Minister in writing;
(c)he or she is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973);
(d)he or she has, without the leave of the Board, been absent from more than two consecutive meetings of the board;
(e)the Minister withdraws the appointment because in the opinion of the Minister, and after consultation with the board, the member is incompetent or unfit to fulfil his or her duties; or
(f)he or she ceases to be ordinarily resident in the Republic.

 

(3)If a member of the board dies or vacates his or her office in terms of subsection (2), the Minister may, subject to section 79C, appoint a person to fill the vacancy for the unexpired portion of the period for which that member was appointed.

 

[Section 79E amended by section 5 of Act No. 12 of 2013]