shall hold office as a member of the Board or of th e Independent Disciplinary Committee in all respects as if he or she had been dul y nominated and appointed in terms of subsection (3) or subsection (1) of section four A. [Section 4 substituted by Act 6/2003 with effect from the 19th September, 2003.] 4A Dismissal or suspension of members of Board (1) For the purposes of subsections (5) and (6) there shall be a committee, hereafter in this section referred to as “the Inde pendent Disciplinary Committee”, consisting of— (a) a person, not being a member of the Board, appointed by the Ministe r from a list of three registered legal pr actitioners recommended by the AttorneyGeneral, who shall be the chairperson of the Committee; and (b) a member of the Board chosen by the Minist er from a panel of three members of the Board nominated by the Board; and (c) a person chosen by the Minister from a list of not le ss than three r names submitted by the portfolio comm ittee of Parliament responsible fo broadcasting, who shall not be a member 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 Board shall vacate his or her office if the member— (a) has, subject to subsection (5), been found to have conducted himsel f or herself in a manner that renders him or her unsuitable as a member, including a contravention of paragraph 9 of the Third Schedule; or (b) has failed to comply with any term or, condi tion of his or her office fixed by the Minister in te rms of subparagraph (3) of paragraph 1 of the Third Schedule; or (c) is mentally or physically incapable of ef ficiently carrying out his o r her functions as a member; or (d) has been absent without the permissi on of the Board from two consecutive meetings of the Authority 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 Board— (a) whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in paragraph (a) of subsection (3); or (b) against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonm ent 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 para graph (a) of subsecti on (4) shall be given notice in writing of the grounds for the susp ension and may, within 14 days of being so notified, make written representations to the Independent Disciplinary Committee showing cause why no finding of misconduc t rendering him or her unsuitable to be member of the Board should be made. (6) The Independent Disciplinary Comm ittee shall require a me mber suspended in terms of subparagraph (a) of subsection (4) to vacate his or her office if— (a) no representations are made by the member in terms of subsection (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 s ubsection (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 su ch 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. [Section 4A inserted by Act 6/2003 with effect from the 19th September, 2003.]