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Planning Profession Act, 2002 (Act No. 36 of 2002)

Chapter 2 : South African Council for Planners

5. Disqualification as member of Council, and vacation of office

 

(1) The Minister must not appoint as a member of the Council a person who—
(a) is not a South African citizen or a permanent resident, and 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 under the Mental Health Act, 1973 (Act No. 18 of 1973);
(d) has been convicted, whether in the Republic of South Africa or elsewhere, of an offence involving dishonesty and for which he or she was sentenced to imprisonment without the option of a fine;
(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 found guilty of unfair discrimination on the ground of race as contemplated in section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000);
(h) is a political representative at the national, provincial or municipal sphere of government; or
(i) is not, in the Minister's opinion, a fit and proper person to be so appointed.

 

(2) A member of the Council must vacate his or her office, if he or she—
(a) becomes disqualified in terms of subsection (1) from being appointed as a member of the Council;
(b) resigns by written notice addressed to the Minister;
(c) is, in the Minister's opinion, after consultation with the Council, incapable of performing his or her duties due to ill health;
(d) has, without the leave of the Council, been absent from two or more meetings of the Council during a year; or
(e) was appointed under section 4(1)(a), (b), (c) (d) and (f) and—
(i) his or her appointment has ceased; or
(ii) he or she is not, within one year from the date of the publication of the rules contemplated in section 8(2)(d) or within such extended period as the Minister may approve, a registered person.