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Geomatics Profession Act, 2013 (Act No. 19 of 2013)

Chapter 2 : South African Geomatics Council

4. Composition of Council

 

 

(1) The Council, subject to subsection (2), consists of at least 13 but not more than 15 members, appointed in writing by the Minister, and must be composed as follows:
(a) Four geomatics practitioners in the full-time employ of the State, of whom—
(i) one is the Chief Surveyor-General appointed in terms of section 2 of the Land Survey Act, 1997 (Act No. 8 of 1997);
(ii) two must be geomatics practitioners in the full-time employ of the Department; and
(iii) one must be a geomatics practitioner in the full-time employ of the Department of Mineral Resources;
(b) at least seven but not more than eight geomatics practitioners, of whom—
(i) at least two must be geomatics practitioners who are not in the full-time employ of the State; and
(ii) at least six but not more than seven must represent voluntary associations equitably;
(c) one person nominated by the Council on Higher Education referred to in section 4 of the Higher Education Act, 1997 (Act No. 101 of 1997); and
(d) at least one but not more than two persons to represent the interests of the public.

 

(2) A maximum of five of the members of the council established in terms of section 2 of the Professional and Technical Surveyors’Act, 1984 (Act No. 40 of 1984), who are nominated by that council before the repeal of that Act and taking into account the provisions of subsection (1), remain in office for the first term of the Council.

 

(3) Persons to be considered for appointment in terms of subsection (1)(a)(ii) and (iii) must be nominated by the Directors-General or Accounting Officers of the departments referred to in that subsection, or by such person as may be prescribed.

 

(4)

(a) Whenever it is necessary to appoint a member in terms of subsection (1)(b), (c) or (d), the Minister must invite written nominations of persons other than candidate geomatics practitioners, to be considered for appointment as such a member—
(i) through advertisements in the Gazette and other media circulating nationally or otherwise;
(ii) by any other method, including approaching persons directly; and
(iii) in any prescribed manner.
(b) The invitation must require any person making a nomination to indicate which category and which branch of registered persons is to be represented by such nominated person.

 

(5) A nomination must be supported by—
(a) the personal details of the nominee;
(b) particulars of the qualifications, experience in geomatics or related matters or skills which may make the nominee suitable for appointment; and
(c) any other information that may be prescribed.

 

(6) In appointing a member, the Minister must have due regard to—
(a) the principles referred to in section 2;
(b) the different constituencies to be represented in terms of subsection (1);
(c) the different categories of registered persons referred to in section 13;
(d) the need to promote representation, including gender, disability and other demographic representation; and
(e) the need to broadly reflect the different branches of the geomatics profession.

 

(7)

(a) For every member of the Council, there must be an alternate member, nominated and appointed in the same manner and for the same term of office as the relevant member.
(b) An alternate member must act in the place of the relevant member during such member’s absence or inability to act as a member.
(c) An alternate member may, with the concurrence of the Council, attend and participate in any other meeting of the Council where the member to whom such person is an alternate member is present, but may not vote on any matter to be considered by the Council.

 

(8) The Minister must appoint from the members of the Council, a chairperson, a deputy chairperson and an alternate chairperson of the Council.

 

(9) When the chairperson is unable to perform the functions of that office, they must be performed by the deputy chairperson or, if he or she is also unable to do so, by the alternate chairperson.

 

(10) Subject to subsection (12), a member or an office-bearer is appointed for a period of four years and, with the exception of the Chief Surveyor-General, may not serve more than two consecutive terms of office.

 

(11) The Minister must, by notice in the Gazette, publish the names of and the position held by an appointee to the Council, including alternate members, and the date on which his or her appointment takes effect.

 

(12) If a vacancy in the membership or alternate membership or in an office of the Council occurs, the Minister may appoint, in accordance with this section, a replacement member or office-bearer for the unexpired portion of the four-year period applicable to such vacancy.

 

(13) The Minister may, in writing and on such conditions as he or she considers appropriate, extend the term of office of a member or alternate member or office-bearer until a new Council, member or office-bearer is appointed.