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

Chapter 4 : Establishment of Institutions

Part A : Transport Economic Regulator

33. Resignation, removal of office, and vacancies

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(1)A non-executive member of the Board may resign by giving to the Minister
(a) three months written notice; or
(b) less than three months written notice, with the approval of the Minister.

 

(2) The Minister, after taking the steps required by subsection (3), may remove a non-executive member of the Board, only if that member has—
(a) become disqualified in terms of section 31(2);
(b) acted contrary to section 32(1) or (2);
(c) failed to disclose an interest or withdraw from a meeting as required by section 32(3); or
(d) neglected to properly perform the functions of their office.

 

(3) Before removing a person from office in terms of subsection (2), the Minister must afford the person an opportunity to state a case in defence of their position.

 

(4)The Minister, after following the process set out in section 30, must fill a vacancy that was caused by the resignation or removal of a non-executive member of the Board in terms of subsection (1) or (2).

 

(5)A non-executive member of the Board appointed in terms of subsection (4) holds office for an unexpired portion of the predecessor’s term of office.

 

(6) Upon the expiry of a non-executive Board member’s first term of office, the member may be re-appointed to a further term, subject to section 31.