The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)

Chapter 4 : Establishment of Institutions

Part A : Transport Economic Regulator

31. Qualifications for Board membership

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(1) Each person appointed as a non-executive member of the Board must—
(a) be suitably qualified, with relevant experience in transport, economics, law, accounting, public finance or governance; and
(b) submit to the Minister a written declaration stating that the person is not subject to any disqualification in terms of subsection (2).

 

(2)A person may not be appointed or remain as a non-executive member of the Board if that person—
(a) is an office bearer of any party, movement, organisation or body of a partisan political nature;
(b) personally—
(i)has or acquires a direct financial interest in, or is a director of, a regulated entity;
(ii)has been in the three years preceding the appointment, or becomes, a director or an employee of an entity or enterprise that is subject to regulation in terms of this Act; or
(iii) has or acquires an interest in, or is a director or an employee of, a business or enterprise that may conflict or interfere with the proper performance of the duties of a member of the Board;
(c) is related to a person who has an interest in, or is a director of, a business or enterprise contemplated in paragraph (b);
(d) is an unrehabilitated insolvent;
(e) is subject to an order of a competent court holding the person to be mentally unfit or disordered;
(f) is subject to an order of a competent court declaring the person to be a delinquent director, or placing the person under probation, in terms of section 162 of the Companies Act, 2008 (Act No. 71 of 2008);
(g) has been convicted of an offence committed after the Constitution of the Republic of South Africa, 1993 took effect, and sentenced to imprisonment without the option of a fine; or
(h) has been removed from an office of trust, by a competent authority.