| (a) |
The first meeting of the Council must be held on such date and at such a time and place as the Minister may determine. |
| (b) |
All meetings of the Council thereafter must be held on such dates and at such times and places as the chairperson may determine in consultation with the Council. |
| (a) |
The chairperson may at any time convene a special meeting of the Council and must also convene such a meeting at the written request of the Minister. |
| (b) |
If at least three councillors request a special meeting in writing, the chairperson must convene such a meeting within seven days after receiving the request. |
| (3) |
The quorum for any meeting of the Council is a simple majority of the councilors in office at the time. |
| (a) |
Subject to subsection (3), a decision of the Council is taken by resolution agreed to by the majority of councillors at any meeting of the Council. |
| (b) |
In the event of an equality of votes regarding any matter, the chairperson has a casting vote in addition to his or her deliberative vote. |
| (5) |
The procedure at a meeting of the Council must be determined by the chairperson in consultation with the Council, and any decision in this regard must be taken after due consideration of transparency and fairness: Provided that the law generally applicable to meeting procedures in South Africa must apply in the absence of a determination or agreement on the procedure to be followed. |
| (6) |
The chairperson may, after consultation with the Council, require the director or a deputy director contemplated in section 14(1) and allow any person to attend any meeting of the Council on such conditions as the chairperson may determine. |
| (7) |
A decision taken by the Council or an act performed in terms of that decision, is not invalid merely by reason of— |
| (a) |
any irregularity in the appointment of a councillor; |
| (b) |
a vacancy on the Council; |
| (c) |
the fact that a councillor is guilty of an act or omission justifying his or her removal from office, |
if such decision was taken by a majority of councillors present at the time and entitled so to sit, and those councillors at the time constituted a quorum in terms of subsection (3).
| (8) |
A councillor may not attend, vote at, participate in or influence any meeting or decision of the Council, if the councillor has a conflict of interests which may reasonably be seen to preclude the councillor from performing the relevant function in a fair, unbiased and proper manner. |
| (9) |
When the chairperson is absent or is unable to perform functions as chairperson or whenever the office of the chairperson is vacant, the vice-chairperson must act as chairperson during such absence or incapacity or until a chairperson is appointed. |
| (a) |
If both the chairperson and the vice-chairperson are absent or unable to perform the functions of the chairperson, the Council must appoint any other member to act as chairperson during such absence or incapacity. |
| (b) |
If both the office of the chairperson and that of the vice-chairperson are vacant, the Minister must appoint any other person to act as chairperson until a chairperson or vice-chairperson is appointed. |
Older Persons Act, 2006
