Statistics Act, 1999
R 385
South African Council for Educators Act, 2000 (Act No. 31 of 2000)Chapter 2 : Continuation, Powers and Duties, Composition and Governance of Council6. Composition of council |
| (1) | The council consists of the following members, appointed by the Minister with due consideration to representation in respect of race, gender, disability and geographic distribution: |
| (a) | The chairperson, subject to section 7; |
| (b) | 18 educators collectively nominated by the organised profession; |
| (c) | five persons nominated by the Department of Education; |
| (d) | two persons nominated by the national associations representing school governing bodies contemplated in section 20(3) of the South African Schools Act, 1996 (Act No. 84 of 1996); |
| (e) | one person nominated by the Council on Higher Education established by section 4 of the Higher Education Act, 1997 (Act No. 101 of 1997); |
| (f) | one person nominated by the councils of further education and training institutions contemplated in section 8 of the Further Education and Training Act, 1998 (Act No. 98 of 1998); |
| (g) | one person nominated by national bodies representing independent or private institutions recognised by the Minister; and |
| (h) | the chief executive officer of the council, subject to section 17. |
| (2) | The members referred to in subsection (1)(b) must consist of educators, including principals, employed at or in each of the following institutions or sectors: |
| (a) | A public ordinary school; |
| (b) | an independent school; |
| (c) | a public further education and training institution; |
| (d) | a private further education and training institution; |
| (e) | early childhood development sector; |
| (f) | an adult learning centre; |
| (g) | learners with special education needs sector. |
| (3) | If the organised profession is unable to reach agreement collectively with regard to the 18 nominations referred to in subsection (1)(b), the Minister must appoint 18 members from the nominations by individual organisations from the organised profession. |
| (4) | When any nomination becomes necessary in terms of subsection (1), the council must invite the relevant bodies or authorities in writing to nominate persons who qualify for nomination within a specified period of at least 30 days. |
| (5) | No person may be nominated or appointed as a member of the council if that person— |
| (a) | is removed from an office of trust by a court of law; or |
| (b) | is convicted of an offence involving dishonesty or an offence for which the sentence imposed is imprisonment without the option of a fine. |
| (6) | If the council receives any nomination it must, within 30 days after the expiry date specified in the invitation, submit the nomination to the Minister. |
| (7) | If the council receives no nominations or receives insufficient nominations within the period specified in the incitation, the Minister may, after consultation with the council, appoint persons who meet the requirements up to the number required, as members. |
| (8) | The Minister must by notice in the Gazette, as soon as practicable after the appointment of the members, publish the name of every person appointed as a member, together with the date from which the appointment takes effect and the period for which the appointment is made. |
