Board Nomination Advert
CALL FOR NOMINATIONS
TO SERVE ON THE BOARD OF DIRECTORS OF LEGAL AID SOUTH AFRICA IN TERMS OF SECTION 6 OF THE LEGAL AID SOUTH AFRICA ACT 39 OF 2014
- 1. INTRODUCTION
Nominations are requested for persons to serve as non-executive Directors of the Board of Directors of Legal Aid South Africa, for a minimum period of three years effective from 1 March 2019, in terms of section 6 of the Legal Aid South Africa Act 39 of 2014.
- 2. REQUIREMENTS AND QUALIFICATIONS TO SERVE AS DIRECTORS OF THE BOARD
2.1. In terms of section 6 of the Legal Aid SA Act, the Minister must appoint in writing 8 voting members to the Board of Directors of Legal Aid South Africa, who as a whole, should be active in one or more of the following areas:-
2.1.1. Business management;
2.1.2. Information technology;
2.1.3. the provision of legal services, including experience as a practicing attorney or advocate;
2.1.4. Corporate governance;
2.1.5. Accounting or auditing;
2.1.6. Community-based knowledge relevant to legal aid;
2.1.7. Legal education and training;
2.1.8. Civil and criminal proceedings and the functioning of the courts and tribunals in general;
2.1.9. Knowledge in public interest law.
2.2. In terms of section 7 of the Legal Aid SA Act for a Director to qualify for membership of the Board he/she must:
2.2.1. be a fit and proper person;
2.2.2. be a South African citizen;
2.2.3. not be an unrehabilitated insolvent;
2.2.4. not be a person declared to be of unsound mind by a court of the Republic;
2.2.5. not be a person who has been convicted in a court of first instance—
- i. of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine; or
- ii. of an offence, which involves any element of dishonesty, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, other than a conviction for an offence committed prior to 27 April 1994 associated with political objectives; or
- iii. of an offence under the Companies Act, 2008 (Act No. 7 of 2008), the Insolvency Act, 1936 (Act No. 24 of 1936), the Close Corporations Act, 1984 (Act No. 69 of 1984), the Competition Act, 1998 (Act No. 89 of 1998), the Financial Intelligence Act, 2001 (Act No. 38 of 2001), the Financial Markets Act, 2012 (Act No. 19 of 2012), or Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004):
Provided that if the person in question lodges an appeal against the conviction or sentence, he or she must be suspended from office, pending the outcome of the appeal;
2.2.6. not have been prohibited from being a director of a company; or
2.2.7. not have been removed from an office of trust, on the grounds of misconduct involving dishonesty.
2.3. The selection of the Directors will further be guided by the following factors to balance the needs of the business and further advance inclusiveness as contemplated in the Constitution of the Republic of South Africa read with section 7(2) of Legal Aid SA Act 39 of 2014, namely-
2.3.1. the objects of Legal Aid South Africa and the Board;
2.3.2. business continuity;
2.3.3. the racial and gender composition of South Africa;
2.3.4. representation of persons with disabilities;
2.3.5. provincial representation.
2.4. Preference will be given to candidates who –
2.4.1. have at least five years’ experience in their field of work/expertise;
2.4.2. are active professionals and where applicable a member of a professional body;
2.4.3. have experience in serving on Boards.
3. SUBMISSION OF NOMINATIONS
Eligible persons, in terms of requirements set out in Section 2 above, who wish to be considered for appointment as a Director of the Board of Legal Aid SA, are invited to submit their nominations by completing the online nomination form including details of nominating party and nominee.
The following documents will be required to complete the nomination process, and they should be uploaded when completing the online nomination form:
(i) signed nomination letter by the nominating party setting out
- name, identity number and designation of nominating party,
- name and identity number of nominee and
- a 5-line motivation as to why the nominee should be considered for appointment as a Director of the Board of Legal Aid SA;
(ii) curriculum vitae detailing the nominee’s knowledge, experience, experience and suitability as a Board member
(iii) copies of the nominee’s qualifications (will only be required when short listed).
(iv) signed declaration confirming the accuracy of the details provided in the online nomination as well as confirmation that the qualifying criteria as set out in Section 7 of the Legal Aid SA Act have been met.
Candidates are requested to peruse the Legal Aid South Africa 39 of 2014 to understand to objects of Legal Aid South Africa, the powers, functions and duties of the Board and other relevant information.
The Legal Aid SA Act, Annual Reports and other relevant information is available on the Legal Aid SA website. www.legal-aid.co.za
CLOSING DATE FOR NOMINATIONS TO BE COMPLETED ONLINE AND ALL DOCUMENT SUBMITTED IS 22 OCTOBER 2018
Note: If you haven’t heard from Legal Aid SA by 13 December 2018 your nomination was not successful.
Legal Aid South Africa