Page:Internal Security Act 1982 South Africa.pdf/28

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

rank of chief magistrate or as a magistrate of a regional division or any other person, except a person in the service of the State, who by virtue of his qualifications is entitled to be admitted and authorized to practise and be enrolled as an advocate in terms of the provisions of section 3 of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and who, after obtaining such qualifications, was concerned in the application of the law for a continuous period of not less than ten years, who shall also be the chairman of the board of review; and

one of the remaining two shall be a person holding a degree or diploma in law.

(4) The State President may for good cause withdraw the appointment of a member of a board of review and may, subject to the provisions of subsection (3), appoint another person in his place,

(5) If at any stage during the investigation and consideration of a matter by a board of review in terms of section 38 (3) any member of that board of review dies or vacates his office for any other reason, the State President shall, subject to the provisions of subsection (3), appoint another person in his place, and the investigation and consideration of the matter in question shall thereupon be continued by the board of review as so constituted.

36. (1) A member of a board of review shall be appointed for such period as the State President may determine at the time of the appointment.

(2) A person whose term of office as a member of a board of review has expired shall be eligible for reappointment.

(3) (a) The regulations made under the provisions of section 2 (b) of the Judges’ Remuneration Act, 1978 (Act No. 91 of 1978), or which are in terms of the provisions of section 4 (2) of the said Act deemed to have been made under the first-mentioned provisions, shall mutatis mutandis apply to that member of a board of review who is a judge of the Supreme Court of South Africa.

(b) A member of a board of review who is not such a judge and who is not subject to the provisions of the Public Service Act, 1957 (Act No. 54 of 1957), shall be paid such remuneration, including reimbursement for transport, travelling and subsistence expenses incurred by him in the performance of his functions under this Act, as the Minister of Justice may with the concurrence of the Minister of Finance from time to time determine.

37. The decision of two of its members shall constitute a decision of a board of review.

38. (1) Subject to the provisions of section 42 (3) the Minister shall, whenever he has in terms of the provisions of section 18 (1), 19 (1) or (20), 20 or 28 (1) taken steps in respect of a particular person, submit the matter in the manner prescribed in this section to a board of review for investigation and consideration.

(2) The Minister shall as soon as possible after the expiration of the period of fourteen days referred to in section 25 (2) or 28 (9), whichever is applicable, cause to be submitted to the board of review—

a copy of the notice whereby the steps referred to in subsection (1) were taken;

a written statement containing the reasons for the taking of the steps in question and all information which induced the Minister to issue the notice in question, as well as such additional information, if any, as may relate to the matter and which may have come to the knowledge of the Minister after the issue of the notice in question;