(c) is mentally or physically incapable of efficiently carrying out his functions as a
member; or
(d) has been absent without the permission of the Board from two consecutive meetings of
the Commission of which he was given at least seven days’ notice, and there was no
just cause for the member’s absence.
(2) The Minister may suspend a member—
(a) whom he suspects on reasonable grounds of having been guilty of conduct referred to
in subparagraph (a) of subparagraph (1); or
(b) against whom criminal proceedings have been instituted for an offence in respect of
which a sentence of imprisonment without the option of a fine may be imposed;
and while that member is so suspended he shall not carry out any functions as a member.
(3) A member suspended in terms of subparagraph (a) of subparagraph (2) shall be given
notice in writing of the grounds for the suspension and may, within fourteen days of being so
notified, make written representations to the Minister showing cause why no finding of
misconduct rendering him unsuitable to be member of the Board should be made.
(4) The Minister, shall require a member suspended in terms of subparagraph (a) of
subparagraph (2) to vacate his office if—
(a) no representations are made by the member in terms of subparagraph (3); or
(b) the Minister finds that, notwithstanding representations made in terms of subparagraph
(3), the member is guilty of the misconduct alleged.
Filling of vacancies on Board
5. On the death of, or vacation of office by, a member, the Minister may appoint a qualified
person to fill the vacancy:
Provided that if as a result of the vacancy the number of members falls below the
minimum number specified in paragraph 5, the Minister shall fill the vacancy within three
weeks.
Chairman and vice-chairman of Board
6.(1) The Minister shall designate one of the members as chairman of the Board and
another member as vice-chairman of the Board.
(2) The vice-chairman of the Board shall perform the chairman’s functions whenever the
chairman is for any reason unable to perform them.
(3) The chairman or vice-chairman of the Board may at any time resign his office as such
by one month’s notice in writing to the Minister.
(4) Whenever the office of chairman or vice-chairman of the Board falls vacant, the
Minister shall fill the vacancy within three weeks.
Meetings and procedure of Board
7.(1) The Board shall hold its first meeting on such date and at such place as the Minister
may fix, being not more than three months after the fixed date, and thereafter the Board shall

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