Special Investigating Units and Special Tribunals Act, 1996
R 385
Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)18. Sectional Titles Schemes Management Advisory Council |
| 1) | There is hereby established a Sectional Titles Schemes Management Advisory Council, which must— |
| a) | make recommendations to the Minister concerning any matter specified in section 19 in respect whereof the Minister may make regulations; |
| b) | keep the implementation of this Act and the regulations under regular review and must make recommendations to the Minister with regard to any amendments thereof or other action which may be advisable; and |
| c) | advise the Minister on any matter referred to it by the Minister. |
| 2) | The Advisory Council consists of not more than seven but not less than five members of whom— |
| a) | one must be the chief ombud, who must act as chairperson at the meetings of the Advisory Council; |
| b) | one must be a senior official of the department designated by the Director-General; and |
| c) | the remainder must be persons appointed by the Minister who must have skills, knowledge and experience in the management of a range of types of schemes. |
| 3) | The Minister must appoint one of the members of the Advisory Council as the deputy chairperson. |
| 4) |
| a) | Before the Minister makes an appointment in terms of subsection (2)(c), the Director-General must, on such terms as he or she considers appropriate, establish a nomination committee consisting of not more than seven persons who are broadly representative two of whom must be the chairpersons of the relevant parliamentary committees in each house or their delegates, to nominate persons who meet the requirements of subsection (2)(c) for consideration for appointment to the Advisory Council by the Minister. |
| b) | The persons nominated in terms of paragraph (a) must be broadly representative in such a manner as may be prescribed. |
| 5) | A member of the Advisory Council holds office for a period of three years, but the Minister may on reasonable grounds terminate the appointment of such a member at any time before the expiration of such member’s period of office. |
| 6) | If a member of the Advisory Council dies or vacates office before the expiration of that member’s period of office, the Minister may, subject to the provisions of subsection (2)(c), appoint a person in that member’s place for the unexpired period of his or her office. |
| 7) | A member of the Advisory Council whose period of office has expired, may be reappointed but may not serve for more than two consecutive terms. |
| 8) | A member of the Advisory Council, excluding a member in the fulltime service of the State, must, while he or she is engaged in the business of the Advisory Council, be paid such remuneration and travelling and subsistence allowances as the Minister, with the concurrence of the Minister of Finance, may determine. |
| 9) | In the absence of the chief ombud or his or her deputy, the members present in the meeting of the Advisory Council must elect a member from amongst themselves to act as chairperson of the Advisory Council for the purpose of such meeting. |
| 10) |
| a) | The Advisory Council must meet at such times and places as are determined by the chief ombud. |
| b) | The Minister may at any time direct the chief ombud to convene a meeting of the Advisory Council at a time and place determined by the Minister. |
| 11) |
| a) | Five members of the Advisory Council form a quorum for a meeting. |
| b) | A decision of a majority of the members of the Advisory Council present at any meeting of the Advisory Council constitutes a decision of the Advisory Council and, in the event of an equality of votes, the person presiding at the meeting must have a casting vote in addition to his or her deliberative vote. |
| 12) | The Advisory Council may regulate the proceedings at its meetings as it may think fit, and must cause minutes of such proceedings to be kept. |
| 13) | The administrative functions of the Advisory Council must be performed by the employees of the Community Schemes Ombud Service referred to in section 3 of the Community Schemes Ombud Service Act, 2010, who are designated by the chief ombud for that purpose. |
