Statistics Act, 1999
R 385
Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 2 : South African Geomatics Council5. Disqualification as member of Council and vacation of office |
| (a) | is not a South African citizen or a permanent resident, and who is not ordinarily resident in the Republic of South Africa; |
| (b) | is an unrehabilitated insolvent; |
| (c) | is declared by a court of law to be mentally incompetent or is detained in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002); |
| (d) | has been convicted, whether in the Republic or elsewhere, of an offence involving dishonesty and for which he or she was sentenced to imprisonment without the option of a fine, unless the person has received a grant of amnesty or a free pardon before the date of his or her appointment; |
| (e) | has been removed from an office of trust on account of improper conduct; |
| (f) | has had his or her name removed from any professional register on account of misconduct and who has not been reinstated; |
| (g) | has been determined by a court, tribunal or forum in accordance with section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), to have contravened any provision of that Act; |
| (h) | is a political office-bearer in the national, provincial or municipal sphere of government; or |
| (i) | is not a fit and proper person to be appointed as member or an alternate member. |
| (2) | A member or alternate member of the Council must vacate his or her office, if such member— |
| (a) | becomes disqualified by virtue of subsection (1) from being appointed as a member of the Council; |
| (b) | resigns by written notice to the Minister; |
| (c) | is incapable of performing his or her duties due to ill health; |
| (d) | has, without the leave of the Council, been absent from two consecutive meetings of the Council; or |
| (e) | has allowed his or her registration with the Council to lapse or if such member’s name has been removed or suspended from the register: Provided that this paragraph does not apply to persons appointed in terms of section 4(1)(c) or (d). |
| (3) | A decision whether or not a member must vacate office in terms of subsection (2)(c) must be taken by the Minister, after consultation with the Council. |
| (4) | The Minister may in the prescribed manner remove any member of the Council from office on the grounds of misconduct or incompetence. |
(5)
| (a) | The Minister may dissolve the Council if the Minister, on good cause shown, loses confidence in the ability of the Council to perform its functions effectively and efficiently. |
| (b) | The Minister may dissolve the Council only— |
| (i) | after having given the Council a reasonable opportunity to be heard; and |
| (ii) | after having afforded the Council a hearing on any submissions received. |
| (c) | If the Minister dissolves the Council, the Minister— |
| (i) | may appoint an administrator to take over the functions of the Council and to do anything which the Council might otherwise be empowered or required to do by or under this Act, subject to such conditions as the Minister may determine; and |
| (ii) | must, as soon as it is feasible but not later than three months after the dissolution of the Council, replace the members of the Council in the same way as the way in which they were appointed. |
(6)
| (a) | The costs associated with the appointment of an administrator shall be for the account of the Council. |
| (b) | The appointment of the administrator terminates when the Council members have been replaced in terms of subsection (5)(c)(ii). |
