(c) to facilitate by financial or other means the promotion and protection of such diamond industry and diamond resources; (d) to perform such other functions in relation to the control and protection of such diamond industry and diamond resources as the Minister after consultation with the Board may prescribe. Constitution of Board 4. (1) The shall be constituted, and its members, including the chairperson and the vice-chairperson of the Board, shall be appointed in accordance with, and for a period as determined under, sections 14 and 15 of the Public Enterprises Governance Act, 2006, but the membership of the Board shall include - (a) three persons who are nominated by producers, which producers in the opinion of the Minister are capable of representing the interests of large-scale producers; (b) one person who is nominated by a producer, producer in the opinion of the Minister is capable of representing the interests of small-scale producers; (c) one person who is a member of a recognized union which in the opinion of the Minister represents the interests of employees in the diamond industry and who is nominated by that trade union; (d) one person who is nominated by a cutter, which cutter in the opinion of the Minister is capable of representing the interests of cutters; (e) one person who is nominated by a dealer, dealer in the opinion of the Minister is capable of representing the interests of dealers; and (f) one person who is nominated by a dealer in polished diamonds engaged in the manufacturing of jewellery, dealer in the opinion of the Minister is capable of representing the interests of such. [Subsection (1) is substituted by Act 6 of 2006, as amended by Act 8 of 2015. The Public Enterprises Governance Act referred to is Act 2 of 2006.] (2) [subsection (2) deleted by Act 6 of 2006] (3) The Minister may, having regard to the provisions of this section, appoint an alternate member to member of the Board, and an alternate member so appointed shall act as member of the Board only when the member to whom he or she is alternate is for any reason absent or unable to perform his or her functions on the Board. (4) The members of the Board referred to in subsection (1)(c), (d), (e) and (f) shall not have the right to vote at meetings of the Board. [subsection (4) substituted by Act 6 of 2006] (5) [subsection (5) deleted by Act 6 of 2006]
(6) The vice-chairperson shall act as chairperson of the Board whenever the chairperson is for any reason absent or unable to act as chairperson. (7) All administrative work incidental to the performance of the functions of the and its committees shall be performed by staff members of the Ministry designated for that purpose by the Permanent Secretary. (8) The Permanent Secretary may designate a staff member referred to in subsection (7) as secretary of the Board. Persons not qualified to be members of Board 5. No person shall be appointed as a member or an alternate member of the Board, if such person - (a) is not - (i) a Namibian citizen; or (ii) ordinarily resident in Namibia; (b) is an unrehabilitated insolvent; (c) is of unsound mind and has been declared so by a competent court; (d) has been convicted of any offence under this Act or the Diamond Industry Protection Proclamation, 1939 (Proclamation No. 17 of 1939); (e) has, whether in Namibia or elsewhere, been convicted any law of - (i) any offence involving fraud or dishonesty; or (ii) any other offence which in the opinion of the Minister renders him or her unsuitable for such appointment; (f) has elsewhere than in Namibia been convicted under any law of any offence relating to the unlawful dealing in or possession of diamonds; or (g) in the opinion of the Minister is or has been involved in activities relating to the unlawful dealing in or possession of diamonds. Term of office of members of Board and filling of vacancies 6. (1) [subsection (1) deleted by Act 6 of 2006] (2) A member or an alternate member of the shall cease to hold office - (a) if such member or alternate member becomes subject to any disqualification contemplated in section 5; (b) if such member or alternate member by notice in writing addressed and delivered to the Minister, resigns as a member or an alternate member of the Board; (c) if such member or alternate member is removed from office under subsection (3);