Section 4: Establishment and meetings of Board
consolidated text (as at 2012). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Establishment and meetings of Board
(1) For the purposes of administering and controlling the Fund, there is
established a Statutory Bodies Family Protection Fund Board.
(2) The expenses for administering and controlling the Fund shall be
defrayed out of the assets of the Fund.
(3) (a) The Board shall consist of—
(i) a representative of the Ministry responsible for the subject of
local government, who shall be the Chairperson of the Board;
(ii) 4 representatives of statutory bodies; and
(iii) 4 representatives of associates.
(b) The members specified in paragraph (a) (ii) and (iii) shall be
appointed by the Minister for a period of one year but shall be eligible for
reappointment.
(c) The Board shall meet within the week following the appointment
of the members.
(4) (a) (i) The Board shall appoint a Secretary to the Board who shall
have the custody of all documents relating to the Fund.
(ii) The Secretary shall attend the meetings of the Board and keep
minutes of the proceedings at the meetings.
(b) The Board may appoint such other officers, clerks and servants
as it considers necessary for the proper exercise of its powers and functions
and pay its officers, clerks and servants such remuneration and gratuities as
it may determine.
(5) The Board shall be a body corporate.
(6) Service of any process by or on the Secretary shall be equivalent to
service by or on the Board.
S40 – 3 [Issue 4]
Statutory Bodies Family Protection Fund Act
(7) (a) In addition to the meeting held under subsection (3) (c), the Board
shall meet at least once every year.
(b) Meetings of the Board shall be convened by the Secretary.
(c) The Chairperson may convene a meeting of the Board as often as
he considers it necessary for the despatch of business or where any 2 members of the Board request him in writing to do so.
(8) The members of the Board shall be paid such fees as the Minister
may approve.
(9) The quorum of the Board shall be 5.
(10) The minutes of the proceedings of each meeting of the Board shall
be signed by the Chairperson of the meeting at which they are read and confirmed and by the Secretary, and these minutes, or extracts of them, when
signed, shall be prima facie evidence of all matters contained in them.
(11) No member of the Board, and no servant, agent or person acting
under the authority of the Board shall be personally liable in any action or
proceeding for or in respect of any act, matter or thing, bona fide done or
omitted to be done in the exercise of any of the rights or powers of the
Board or of its members.
[S. 4 amended by Act 8 of 1987; Act 23 of 1988; Act 29 of 1993.]
(12) Where any member of the Board or any person related to him by
blood or marriage has a pecuniary or other material interest in relation to any
matter before the Board, that member shall—
(a) disclose the nature of the interest at or before the meeting convened to discuss that matter; and
(b) not take part in any deliberations of the Board relating to that
matter.
[S. 4 amended by Act 8 of 1987; Act 23 of 1988; Act 29 of 1993; Act 16 of 2008 w.e.f. 10
July 2008.]