Agrement South Africa Act, 2015 (Act No. 11 of 2015)13. Vacation of office |
(1) | The Minister may, on reasonable grounds, at any time after consulting the Board, terminate the term of office of a member of the Board contemplated in section 9(2)(a). |
(2) | The Minister may terminate membership of a member of the Board if the member— |
(a) | fails to perform his or her functions as a member of the Board; |
(b) | obstructs, impedes or unduly influences a member of the Board, the Chief Executive Officer or a staff member of Agrément South Africa in the exercise of a power or the performance of his or her duties in terms of this Act; |
(c) | fails to declare a conflict between his or her interests and those of Agrément South Africa; |
(d) | acts in a manner that is likely to bring Agrément South Africa and the Board into disrepute; |
(e) | misuses or misappropriates Agrément South Africa funds or resources; or |
(f) | approves or engages in unauthorised or irregular expenditure or fruitless and wasteful expenditure. |
(3) | A member of the Board must vacate his or her office if he or she— |
(a) | becomes disqualified in terms of section 12; |
(b) | resigns by giving at least two months’ written notice to the Minister; |
(c) | has been absent without leave of the chairperson of the Board for more than two consecutive meetings of the Board; |
(d) | is removed by the Minister in terms of subsection (1); or |
(e) | is a member of the Board and the Minister dissolves the Board in terms of section 14(6). |
(4) | The Minister must, within 60 days from the date on which a vacancy on the Board arose, appoint a person to fill such vacancy, and a member so appointed holds office for the remainder of the term. |