12 (b) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: ‘‘(1) A person shall not be qualified to be appointed as a member of the [Board] Council or [Review Board] Appeal Tribunal, or to be such a 5 member, if he or she—’’; (c) by the substitution in subsection (1)(h) for subparagraph (i) of the following subparagraph: ‘‘(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or any offence under the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 10 1992 (Act No. 94 of 1992), or Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004);’’; and 15 (d) by the substitution for subsection (2) of the following subsection: ‘‘(2) Whenever circumstances in relation to a member of the [Board] Council or [Review Board] Appeal Tribunal so change that it would have disqualified him or her from being appointed as such a member, had they have been in existence at the time of his or her appointment, the seat of that member shall become vacant, and the vacancy in such seat shall 20 be filled in accordance with section 6.’’. Amendment of section 8 of Act 65 of 1996 9. Section 8 of the principal Act is hereby amended— (a) by the substitution for the heading of the following heading: ‘‘Period of office of members of [Board] Council and [Review Board] 25 Appeal Tribunal’’; and (b) by the substitution for subsection (1) of the following subsection: ‘‘(1) [An examiner shall be appointed for a period of three years, and any other member of the Board or Review Board] Members of the Council and Appeal Tribunal shall be appointed for a period of five 30 years.’’. Substitution of section 9 of Act 65 of 1996, as substituted by section 4 of Act 34 of 1999 10. The following section is hereby substituted for section 9 of the principal Act: ‘‘Removal from office 35 9. (1) The Minister may remove a member of the [Board] Council or [Review Board] Appeal Tribunal from office on the grounds of incapacity, incompetence, misconduct or misrepresentation. (2) A decision to remove a member of the [Board] Council or [Review Board] Appeal Tribunal from office shall be based on a finding of a tribunal 40 appointed by the Minister: Provided that the member shall have the right to be heard. (3) The Minister may suspend a member of the [Board] Council or [Review Board] Appeal Tribunal from office pending the finding of the 45 tribunal referred to in subsection (2). (4) A member of the [Board] Council or [Review Board] Appeal Tribunal shall vacate his or her office when any of the circumstances referred to in section 7 become applicable in respect of him or her, and the Minister[, upon information given to him or her by the Chief executive officer or the chairperson of the Review Board,] issues him or her with a 50 certificate to that effect.’’. Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za