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National House of Traditional Leaders Act, 2009 (Act No. 22 of 2009)

9. Chairperson and deputy chairperson of House

 

1) At its first meeting after it has been constituted in terms of this Act, the House with the President or any person designated by the President presiding, must elect one of its members to be the chairperson, and must thereafter elect another of its members to be the deputy chairperson.

 

2) The chairperson is vested with all powers and functions assigned to a chairperson in terms of this Act and the rules and orders of the House.

 

3) The chairperson presides over meetings of the House.

 

4) If the chairperson is absent or for any reason unable to exercise or perform the powers or functions vested in the office of the chairperson, or when the office of the chairperson is vacant, the deputy chairperson must act as chairperson during the chairperson's absence or inability or until a chairperson is elected.

 

5) If both the chairperson and the deputy chairperson are absent, a member of the House designated in terms of the rules and orders of the House must act as chairperson while the said circumstances prevail.

 

6) The deputy chairperson or the member designated in terms of this Act, while acting as a chairperson, may exercise the powers and must perform the functions vested in the office of the chairperson.

 

7) While presiding at a meeting of the House a member of the House designated as a chairperson has a deliberative vote as well as a casting vote in the case of an equality of votes.

 

8) The chairperson or deputy chairperson must vacate office if he or she—
a) ceases to be a member of the provincial house which elected him or her;
b) resigns by lodging a written letter of resignation with the House;
c) is convicted of a criminal offence without the option of a fine; or
d) becomes disqualified in terms of section 5.

 

9) A chairperson or a deputy chairperson may be removed from office by the House, by a vote supported by a two thirds majority of the full complement of the membership of the House, and thereupon such chairperson or deputy chairperson must vacate his or her office.

 

10) If the office of the chairperson becomes vacant, the President or a person designated by the President, must preside over the election of a member of the House to fill the vacancy.

 

11) If the office of the deputy chairperson becomes vacant, the chairperson must preside over the election of a member to fill the vacancy.

 

12) If the offices of the chairperson and deputy chairperson of the House become vacant, the House, with the Minister or a person designated by the Minister presiding, must elect a member of the House to fill the vacancy.

 

13) A chairperson or deputy chairperson is eligible for re-election: Provided that no member may serve as a chairperson or deputy chairperson of the House for more than two consecutive terms.