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Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)

Chapter I : National Home Builders Registration Council

4. Composition of Council

 

 

1) The Council shall consist of at least seven but not more than 15 members, including a chairperson and deputy chairperson, appointed by the Minister for the period determined by the Minister, but not exceeding thee years at a time.

 

2) The Minister shall ensure that the Council consists of persons-
a) who are representative of the interests of housing consumers;
b) who are broadly representative of the interests of home builders, the suppliers of housing goods and services-
i) structural defects in homes and the prevention thereof; and
ii) the management of funds; and
c) who are representative of the interests of the national government departments responsible for housing, trade and industry, finance and public works,

which persons shall as far as possible reflect broadly the race, gender and geographic composition of South Africa.

 

3) The members of the Council shall be appointed only after-
a) the Minister has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective positions on the Council; and
b) the Minister has consulted with the MEC of every province and the parliamentary committees for housing of the National Assembly and the National Council of Provinces.

 

4) When a vacancy occurs in the ranks of the members appointed in terms of subsection (2), the Minister shall fill the vacancy by the appointment of another person whom the Minister considers representative of the relevant interest group referred to or having the skills and expertise referred to in subsection (2)(c), for the unexpired part of the period for which his or her predecessor was appointed.

 

5) A member of the Council shall vacate his or her office if he or she-
a) becomes insolvent;
b) is absent from three consecutive ordinary meetings of the Council without the permission of the Council;
c) becomes of unsound mind;
d) is convicted of an offence and is sentenced to imprisonment without the option of a fine;
e) resigns by written notice to the Minister;
f) becomes a member of Parliament, a provincial legislature, a Municipal Council, the Cabinet or the Executive Council of a province; or
g) is removed from office by the Minister for reasons which are just and fair.

 

6) The Minister may prescribe the necessary matters and procedures relating to meetings of the Council.

 

7) A member of the Council who is not in the full-time employment of the State or an organ of state may be paid from the Council’s funds from money approved by the Minister for that purpose the allowances which the Minister may determine in general or in a specific case in concurrence with the Minister of Finance.