| Dismissal
or suspension of members
4.(1) The
Minister may require a member to vacate his office if the member—
(a) has, subject
to subparagraph (3), been found to have conducted himself in a
manner that renders him unsuitable as a member, including a contravention
of paragraph 9; or
(b) has failed
to comply with any term or condition of his office fixed by the
Minister in terms of subparagraph (3) of paragraph 1; or
(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. |
Dismissal
or suspension of members of Commission
4. (1) For
the purposes of subparagraphs (5) and (6) there shall be a committee,
hereafter in this section referred to as "the Independent Disciplinary
Committee", consisting of—
(a) a person,
not being a member of the Commission, appointed by the Minister
from a list of three registered legal practitioners recommended
by the Attorney-General, who shall be the chairperson of the Committee;
and
(b) a member
of the Commission chosen by the Minister from a panel of three
members of the Commission nominated by the Commission; and
(c) a person
chosen by the Minister from a list of not less than three names
submitted by the portfolio committee of Parliament responsible
for the media, who shall not be members of Parliament.
(2) The Independent
Disciplinary Committee shall reach its decisions by consensus
or, failing consensus, by a vote of the majority of its members.
(3) A member
of the Commission shall vacate his or her office if the member—
(a) has, subject
to subparagraph (5), been found to have conducted himself or herself
in a manner that renders him or her unsuitable as a member, including
a contravention of paragraph 9; or
(b) has failed
to comply with any term or condition of his or her office fixed
by the Minister in terms of subparagraph (3) of paragraph 1; or
(c) is mentally
or physically incapable of efficiently carrying out his or her
functions as a member; or
(d) has been
absent without the permission of the Commission from two consecutive
meetings of the Commission of which he or she was given at least
seven days' notice, and there was no just cause for the member's
absence.
(4) The Minister
may suspend a member of the Commission—
(a) whom he
or she suspects on reasonable grounds of having been guilty of
conduct referred to in subparagraph (a) of subparagraph (3); 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 or she shall not carry out any
functions as a member.
(5) A member
suspended in terms of subparagraph (a) of subparagraph (4) 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 Independent Disciplinary Committee showing cause why no
finding of misconduct rendering him or her unsuitable to be member
of the Commission should be made.
(6) The Independent
Disciplinary Committee shall require a member suspended in terms
of subparagraph (a) of subparagraph(4) to vacate his or her office
if—
(a) no representations
are made by the member in terms of subparagraph (5); or
(b) it finds
that the member is guilty of the misconduct alleged, upon receiving
the written representations of the member referred to in subparagraph
(5) and after affording such member, the Minister and any other
person whom it considers to have any interest or knowledge in
the matter to make such further representations to it, written
or oral, as it deems necessary:
Provided that
if it finds that the member is not guilty of the misconduct alleged,
the suspension of the member shall immediately be rescinded.
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