| (1) | The National Head of the Directorate shall not be suspended or removed from office except in accordance with the provisions of subsections (2), (3) and (4). |
| (a) | The Minister may provisionally suspend the National Head of the Directorate from his or her office, pending an inquiry into his or her fitness to hold such office as the Minister deems fit and, subject to the provisions of this subsection, may thereupon remove him or her from office— |
| (ii) | on account of continued ill-health; |
| (iii) | on account of incapacity to carry out his or her duties of office efficiently; or |
| (iv) | on account thereof that he or she is no longer a fit and proper person to hold the office concerned. |
| (b) | The removal of the National Head of the Directorate, the reason therefor and the representation of the National Head of the Directorate, if any, shall be communicated in writing to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. |
| (c) | The National Head of the Directorate provisionally suspended from office shall during the period of such suspension be entitled to such salary allowance, privilege or benefit to which he or she is otherwise entitled, unless the Minister determines otherwise. |
| (d) | An inquiry referred to in this subsection— |
| (i) | shall perform its functions subject to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), in particular to ensure procedurally fair administrative action; and |
| (ii) | shall be led by a judge or retired judge: Provided that the Minister shall make the appointment after consultation with the Minister of Justice and Constitutional Development and the Chief Justice. |
| (e) | The National Head of the Directorate shall be informed of any allegations against him or her and shall be granted an opportunity to make submissions to the inquiry upon being informed of such allegations. |
| (a) | The National Head of the Directorate may be removed from office on the ground of misconduct, incapacity or incompetence on a finding to that effect by a Committee of the National Assembly. |
| (b) | The adoption by the National Assembly of a resolution calling for that person's removal from office. |
| (4) | A resolution of the National Assembly concerning the removal from office of the National Head of the Directorate shall be adopted with a supporting vote of at least two thirds of the members of the National Assembly. |
| (a) | may suspend the National Head of the Directorate from office at any time after the start of the proceedings of a Committee of the National Assembly for the removal of that person; and |
| (b) | shall remove the National Head of the Directorate from office upon adoption by the National Head of the Directorate's removal. |
| (6) | The Minister may allow the National Head of the Directorate, at his or her request, to vacate his or her office— |
| (a) | on account of continued ill-health; or |
| (b) | for any other reason which the Minister deems sufficient. |
| (7) | The request in terms of subsection (6) shall be addressed to the Minister at least six calendar months prior to the date on which the National Head of the Directorate wishes to vacate his or her office, unless the Minister grants a shorter period in a specific case. |
[Section 17DA inserted by section 9 of Act No. 10 of 2012]
