National Qualifications Framework Act, 2008 (Act No. 67 of 2008)Chapter 4 : South African Qualifications Authority15. Vacation of office by board member and filling of vacancies |
| (1) | A member must vacate office if he or she— |
| (a) | resigns by giving written notice to the chairperson, or in the case of the chairperson, to the Minister; |
| (b) | is absent from three consecutive meetings of the board, without leave of the board; |
| (c) | is declared insolvent, is removed from an office of trust by a court of law or is convicted of an offence for which the sentence is imprisonment without the option of a fine; or |
| (d) | is declared unable to manage his or her personal affairs by a court of law. |
| (2) | The Minister may, in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), remove a member of the board at any time before the expiry of the member’s term of office— |
| (a) | on the grounds of misconduct, incapacity or incompetence; or |
| (b) | for any other sound and compelling reason. |
| (3) | A vacancy on the board must be filled by appointment in accordance with section 14. |
| (4) | The Minister may, in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), dissolve the entire board— |
| (a) | if the board fails to perform in terms of this Act; |
| (b) | if there is a total breakdown in the relationship between the board and the Minister; or |
| (c) | on any reasonable grounds. |