South African National Space Agency Act, 2008 (Act No. 36 of 2008)

8. Disqualification, removal from office, term of office and filling of vacancies

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(1)A person may not he appointed as a member contemplated in section 6(2)(a) or (b) if he or she—
(a)is an unrehabilitated insolvent;
(b)has been declared by a court to be mentally ill;
(c)has been convicted of an offence in the Republic or elsewhere and was sentenced lo imprisonment without the option of a fine, other than an offence committed prior to 27 April 1994 associated with a political objective for which amnesty was granted by the Truth and Reconciliation Commission;
(d)is a member or the National Assembly, a provincial legislature or any municipal council, or is a delegate to the National Council of Provinces;
(e)is not a citizen or, or does not have the right of permanent residence in, the Republic; or
(f)has as a result of improper conduct, been removed from a position of trust.

[Section 8(f) substituted by section 45(a) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]

 

(2)The Minister may, after consultation with the Board, remove a member contemplated in section 6(2)(a) or (b) from office—

[Words preceding section  8(2)(a) substituted by section 45(b) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]

(a)on the grounds of misconduct, incapacity or incompetence;
(b)if the member is absent from three consecutive meetings of the Board without leave from the Board;
(c)if the member becomes disqualified as is contemplated in subsection (1); or

[Section 8(c) substituted by section 45(c) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]

(d)for any other sound and compelling reason.

 

 

(2A)A member contemplated in section 6(2)(a) or (b) ceases to hold office if the member resigns by written notice to the Minister.

[Section 8(2A) inserted by section 45(d) of the Science and Technology Laws Amendment Act, 2020 (Act No. 9 of 2020), GG43829, dated 22 October 2021]

 

(3)A decision to remove a member of the Board from office in terms of subsection (2) must be based on the recommendation of an independent panel appointed by the Minister.

 

(4)The Minister may dissolve the Board on reasonable grounds.

 

(5)A member contemplated in section 6(2)(a) or (b) holds office for a period not exceeding four years, subject to subsections (1) and (2).

 

(6)No member may serve more than one consecutive terms.

 

(7)If a member of the Board dies, resigns by written notice to the Minister or is removed from office, the Minister may, having followed the procedure contemplated in section 7, appoint a person in that vacancy for that remaining part of the term of office.