12

Government Gazette 16 November 2009

Act No. 8, 2009

No. 4378

COMMUNICATIONS ACT, 2009

Vacation of office
12.

(1)

(a)

resigns as a member by giving not less than one month’s written notice
to the Minister;

(b)

has without the leave of the Board, been absent from three consecutive
meetings of the Board;

(c)

has become subject to any disqualification referred to in section 10; or

(d)

is removed from office under subsection (2).

(2)

The Minister may remove any member from his or her office, if –

(a)

the Minister is satisfied that such member is by reason of his or her
physical or mental condition or for any other reason incapable of acting
as such member;

(b)

such member is guilty of conduct which renders him or her unable or
unfit to efficiently discharge the functions of the office as a member or
has taken part in the discussion of, or has voted in connection with, any
matter in which he or she has an interest; or

(c)

such member is guilty of conduct prejudicial to the objectives of the
Authority.

A member vacates his or her office as member, if he or she –

(3)
The Minister may only so remove a member from office after giving
notice to such member and after affording him or her a reasonable opportunity to be
heard.
(4)
Where a member has vacated his or her office such member may not
represent nor appear before the Authority on behalf of a party for a period of twelve
months after leaving office.
(5)
A member who participated as a member in the consideration of any
matter may not represent nor appear before the Authority on behalf of a party in relation
to such matter.
Chairperson of Board
13.
(1)
The Minister must appoint a chairperson and a vice-chairperson
from among the members of the Board.
(2)
The chairperson or in his or her absence, the vice-chairperson must
preside at a meeting of the Board.
(3)
If both the chairperson and the vice-chairperson is for any reason unable
to preside over a meeting of the Board, the members present must elect a member from
among themselves to act as chairperson of the Board, for that meeting.

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