| (1) |
A member of the Council, other than the president, shall hold office for a period not exceeding three years, but shall be eligible for reappointment. |
| (2) |
A member of the Council shall vacate his office if— |
| (a) |
he or she has contravened a provision of section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), and it has been so determined by an equality court; |
[Subsection (2)(a) inserted by section 2(a) of Act No. 27 of 2001]
| (b) |
he is declared insolvent or surrenders his estate for the benefit of his creditors; |
| (c) |
he is found guilty of an offence and sentenced to imprisonment without the option of a fine; |
| (d) |
he is absent from three consecutive meetings of the Council without the consent of the chairman; |
| (e) |
he resigns as a member; |
| (f) |
he or she is nominated as a candidate for election as a member of Parliament, a Provincial House of Traditional Leaders, the National House of Traditional Leaders, a provincial legislature, or the council or other governing body of a local government body or is appointed as an official of a political party and whose functions as such are incompatible with the functions of a member; or |
[Subsection (2)(f) substituted by section 2(b) of Act No. 27 of 2001]
| (g) |
his term of office is terminated in terms of subsection (3). |
| (3) |
The Minister may at any time discharge a member of the Council from office if he is of the opinion that such member is incompetent to fulfil his duties or is guilty of misconduct. |
| (4) |
If a member dies or by written notice, directed to the Minister, resigns or in terms of subsection (2) or (3) ceases to be a member, the Minister shall appoint a suitable person in the vacancy for the unexpired period of the relevant term of office. |
[Subsection (4) substituted by section 2(c) of Act No. 27 of 2001]
| (5) |
If, at the expiration of the period for which a member was appointed, no new appointment has been made in his or her stead, that member shall remain in office until such an appointment is made: Provided that a member shall so remain in office for a period not exceeding three months. [Subsection (5) inserted by section 2(c) of Act No. 16 of 1996]
|
Older Persons Act, 2006
