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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Rules

Rules Governing the Quorum, Procedure at meetings and, generally the Conduct of Functions of the Central Drug Authority

7. Voting

 

(1) Except as otherwise provided in these Rules or resolved by the CDA the decision of the CDA on any question before it shall be determined by a show of hands or in the case of a virtual meeting, by a show of the electronic hand or voice recording, or virtual chat or as determined by the meeting.

 

(2) Immediately after a question has been put to a meeting of the CDA for the purpose of being voted upon, or, immediately after the decision has been declared by the Chairperson, any two members of the CDA may demand a division and the Chairperson shall thereupon request those CDA members who desire to support such demand to rise in their places or in the manner in these Rules.

 

(3) All divisions shall be recorded in the minutes.

 

(4) The Chairperson shall from such record declare the decision of the CDA and the member of CDA who voted for or against the question.

 

(5) Fifty percent plus one of the votes of the CDA will constitute a majority.

 

(6) If the event of a tie during a vote the Chairperson shall have a casting vote.

 

(7) Voting shall be conducted by show of hands or electronically or as determined by a meeting.

 

(8) In cases where a decision is to be made by ballot, a ballot paper containing the proposal before the CDA shall be handed to each CDA member who shall signify his vote by means of a cross in the appropriate column according to whether he or she is in favour of or against the proposal.

 

(9) Where an appointment or election is to be made from among a number of persons proposed, each CDA member present shall be handed a ballot paper and shall signify his or her vote:

 

(10)

(a) In the case where the names of such persons appear on the ballot paper, by means of a cross opposite the name of the person or persons whom he or she favours; or
(b) In the case where the names of such persons do not appear on such ballot paper, by writing the name of the person or persons whom he/she favours on such ballot paper.

 

(11) After the ballot papers have been marked, they shall be folded and placed in the ballot box provided.

 

(12) The Secretariat and two CDA members appointed by the Chairperson shall act as scrutineers under the Chairperson's directions and shall count the votes of the ballot and report to the Chairperson the result thereof.

 

(13) The result of the scrutiny shall thereafter be declared the result of the ballot and be handed to the Chairperson in the form of a signed statement.

 

(14) Decisions by round robin resolution may be taken where members are not physically present in a meeting. The Secretariat shall compile a submission as directed, requesting members to vote on an issue. The submission must be accompanied by a covering letter which stipulates the following:
(aa) the date and number of the file;
(bb) the title of the submission or the subject matter; (cc) the background and a brief discussion;
(dd) the recommendation/s;
(ee) a space must be provided for each of the recommendations, that will allow members to cast their vote (yes/no), and to give comments; and
(ff) all round robin forms must be completed, signed and returned to the secretariat who will , under the Chairperson's scrutiny and declaration of results, which must be signed and properly filed.