| (a) |
his or her estate is sequestrated or he or she has entered into a composition with the creditors of his or her estate; |
| (b) |
he or she has been absent without leave of the president from more than two consecutive ordinary meetings of the council or of a committee referred to in section 10; |
[Subsection (1)(b) substituted by section 6(a) of Act No. 29 of 2007]
| (c) |
he or she is has been found guilty of unprofessional conduct under this Act; |
[Subsection (1)(c) substituted by section 6(b) of Act No. 29 of 2007]
| (d) |
he or she ceases to hold any qualification necessary for his or her designation or appointment or tenders his or her resignation in writing to the person or body by whom he or she was designated or appointed and that person or body accepts his or her resignation; |
| (e) |
he or she ceases to be a South African citizen; |
| (f) |
he or she becomes mentally ill to such a degree that it is necessary that he or she be detained, supervised or controlled; |
[Subsection (1)(f) substituted by section 6(c) of Act No. 29 of 2007]
| (g) |
he or she is convicted of an offence in respect whereof he or she is sentenced to imprisonment without the option of a fine; |
[Subsection (1)(g) substituted by section 6(d) of Act No. 29 of 2007]
| (h) |
the Minister, in the public interest and for just cause, and after consultation with the person or body by whom the member was designated or appointed, terminates his or her membership; |
| (i) |
he or she deliberately acts in a manner that will prejudice the interests of the council, the health professions or the public or violates the Charter of the council; |
[Subsection (1)(i) inserted by section 6(e) of Act No. 29 of 2007]
| (j) |
the Minister dissolves the council in terms of this Act; |
[Subsection (1)(j) inserted by section 6(e) of Act No. 29 of 2007]
| (k) |
he or she is an office bearer of an organisation that has a conflict of interest with the council, unless such member elects to immediately vacate his or her office in that organisation; or |
[Subsection (1)(k) inserted by section 6(e) of Act No. 29 of 2007]
| (i) |
a member of a municipal council, a provincial legislature or Parliament; or |
| (ii) |
a provincial or national office bearer or employee of any part), organisation or body of a political nature. |
[Subsection (1)(l) inserted by section 6(e) of Act No. 29 of 2007]
| (2) |
Every vacancy on the council arising from a circumstance referred to in subsection (1) and every vacancy caused by the death of a member, shall be filled by designation or appointment by the person or body by whom and in the manner in which the vacating member was designated or appointed, and every member so designated or appointed shall hold office for the unexpired portion of the period for which the vacating member was designated or appointed. |
[Subsection (2) substituted by section 7 of Act No. 89 of 1997]
| (a) |
The Minister may dissolve the council if the council fails to comply with any of the provisions of this Act. |
| (b) |
All the functions of the council are vested in the Minister until a new council is appointed. |
[Subsection (3) inserted by section 6(g) of Act No. 29 of 2007]
| (a) |
The Minister may in writing request copies of the records, including minutes of meetings and financial statements, of the council in order to ascertain the extent of the council's compliance with the provisions of this Act and the Charter. |
| (b) |
The registrar must furnish copies of all such records within 15 days of the date of the Minister's request. |
[Subsection (4) inserted by section 6(g) of Act No. 29 of 2007]
| (5) |
If the Minister reasonably believes that the council is failing to comply with the provisions of this Act or the Charter, he or she may appoint a person or persons to investigate the affairs of the council and to prepare a report upon such investigation. |
[Subsection (5) inserted by section 6(g) of Act No. 29 of 2007]
| (6) |
The Minister may terminate membership of a member of the council where the member— |
| (a) |
fails to perform the duties of a member in terms of this Act or the Charter; |
| (b) |
obstructs or impedes the council or other members in the fulfilment of their functions in terms of this Act or the Charter; |
| (c) |
fails to declare a conflict of interest between his or her affairs and those of the council; |
| (d) |
acts in a manner that is likely to bring the council or health profession into disrepute; |
| (e) |
misuses or misappropriates council funds or resources; or |
[Subsection (6) inserted by section 6(g) of No. 29 of 2007]
Supreme Court Act, 1959
