Property Practitioners Act, 2019 (Act No. 22 of 2019)Chapter 2 : Board of Authority8. Disqualification from membership of Board |
The Minister may not appoint a person to the Board—
| (a) | who is not a South African citizen or a permanent resident, and who is not ordinarily resident in the Republic; |
| (b) | who is a member of Parliament, a member of a provincial legislature, a member of Cabinet or a Deputy Minister, a Premier or other member of a provincial executive council, a member of the National House of Traditional Leaders or a Provincial House of Traditional Leaders, or a mayor or other member of a municipal council; |
| (c) | who or whose spouse, life partner, immediate family member, 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 Authority, unless such an interest is declared for purposes of considering that person’s nomination; |
| (d) | who is disqualified to act as a director of a company incorporated in terms of the Companies Act, 2008 (Act No. 71 of 2008); |
| (e) | who has been found in any civil or criminal proceedings by a court of law, whether in the Republic or elsewhere, to have acted fraudulently, dishonestly, unprofessionally, 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, other than an offence committed prior to 27 April 1994 demonstrably associated with political objectives; |
| (f) | whose name, or the name of a juristic person of whom the person was a director, member, trustee, partner, shareholder, holder of membership or other beneficial interest has been listed by the National Treasury on its Register for Tender Defaulters established by section 29 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); |
| (g) | who has been discharged from a position of trust; |
| (h) | whose membership of a board or other accounting authority of a public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), has been prematurely terminated due to a dishonourable discharge; |
| (i) | who has at any time been found to be in contravention of this Act or the Estate Agency Affairs Act; |
| (j) | who is of unsound mind; or |
| (k) | who is an unrehabilitated insolvent. |