No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
11
COMMUNICATIONS ACT, 2009
Appointment of members
9.
(1)
The Board must be constituted, and its members, including the
chairperson and the vice-chairperson of the Board, must be appointed in accordance
with, and for a period as determined under sections 14 and 15 of the State-owned
Enterprises Governance Act, 2006 (Act No. 2 of 2006).
(2)
The members of the Board must, when viewed collectively, be persons
who represent a broad cross-section of the population of Namibia including with
reference to gender, and who possess proven qualifications, expertise and experience in
the fields of information and communication policy and technology, radio services, law,
economics, business practice and finance.
Disqualification for appointment as member
or she –
10.
A person is not eligible for appointment as a member of the Board, if he
(a)
is not a Namibian citizen and not lawfully admitted to Namibia for
permanent residence;
(b)
is not resident in Namibia;
(c)
is a member of Parliament, a regional council or a local authority;
(d)
manages, is employed by or has any financial interest in any provider
of telecommunications services or any business having a financial
interest in any product or industry that is or may be regulated by the
Authority;
(e)
has been convicted of an offence, other than a political offence
committed before the date of Independence of Namibia, in any country
and sentenced to a term of imprisonment without the option of a fine;
(f)
has any other financial or other interest likely to prejudicially affect the
performance of his or her duties as member of the Board;
(g)
has been declared as mentally ill under any law relating to mental
health; or
(h)
is an unrehabilitated insolvent.
Term of office of member
11.
(1)
Unless a different determination has been made in terms of
section 14 (1)(d) of the State-owned Enterprises Governance Act, 2006 (Act No. 2 of
2006), and subject to subsection (2), the term of office of a member is three years.
(2)
member.
A member whose term of office has expired, may be re-appointed as a
(3)
When a vacancy arises on the Board, the Minister must appoint a
member for the unexpired portion of the term of office of the member who has vacated
his or her office.