Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)Chapter 2 : Establishment and governance of Road Traffic Management Corporation10. Conditions and period of office of board members |
| (1) | An appointed member of the board vacates his or her office immediately if he or she— |
| (a) | has been or is convicted— |
| (i) | whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged statement, perjury or any offence involving dishonesty; or |
| (ii) | of any offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, the Companies Act, 1973 (Act 61 of 1973), or this Act; |
| (b) | without authorisation, has disclosed or discloses, or improperly has acted or acts on, information gained as a result of his or her membership of the board; |
| (c) | is or becomes a political office bearer; |
| (d) | is or becomes an unrehabilitated insolvent or has committed or commits an act of insolvency; |
| (e) | has been or is removed from an office of trust on account of misconduct; or |
| (f) | has been or is relieved of his or her office in terms of subsection (3) or (4). |
| (2) | If a member of the board or his or her spouse, immediate family member, life partner or business associate has any direct or indirect financial interest in any matter to be dealt with at any meeting of the board, that member— |
| (a) | must immediately after that interest has come to his or her attention, disclose that interest and the extent thereof in a written statement to the chairperson of the board. who must table that statement at the beginning of the next meeting of the board; |
| (b) | may not attend the portion of a meeting of the board during which the matter is considered; |
| (c) | may not in any manner take part in the consideration of that matter by the board; and |
| (d) | may not in any manner endeavour to influence the opinion or vote of any other member of the board in connection with that matter. |
| (3) | The Shareholders Committee must immediately relieve any appointed member of his or her office if that member has— |
| (a) | failed to comply with subsection (2); |
| (b) | failed to attend three consecutive meetings of the board without prior leave of the chairperson as noted in the minutes of those meetings; |
| (c) | been unable to perform his or her functions of office effectively due to continued serious ill-health; or |
| (d) | been declared by a competent court to be of unsound mind. |
| (4) | The Shareholders Committee may, on the same date and conditions, relieve all the appointed members of the board of their offices if— |
| (a) | they have failed to substantially comply with the governance agreement and the business and financial plan; and |
| (b) | the Shareholders Committee has— |
| (i) | in writing individually notified every appointed member of the board of the nature of such failure, and has, within seven days of the date of such notification, tabled a copy of the notification in Parliament or, if Parliament is not then in session, published a copy of the notification in the Gazette; |
| (ii) | afforded the board a reasonable opportunity to make a written submission to it in respect of that notification; and |
| (iii) | if such submission does not satisfactorily explain the failure specified in that notification, afforded the board a reasonable opportunity to rectify that failure but the board has failed to do so. |
| (5) | A member of the board holds office for a period not exceeding five years. |
| (6) | A member of the board may resign on one month’s written notice to the Shareholders Committee |
| (7) | The Shareholders Committee must fill vacancies on the board as soon as possible in accordance with section 8(10). |