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Planning Profession Act, 2002 (Act No. 36 of 2002)

Chapter 6 : Appeals

24. Establishment of Appeal Board

 

(1) There is hereby established an Appeal Board with jurisdiction to hear appeals in terms of this Act.

 

(2) The Appeal Board consists of the following members appointed by the Minister:
(a) Three persons who have been practising or teaching planning for a period of not less than five years; and
(b) Two members of the public of whom at least one person is qualified in law and has at least five years' experience in the legal profession.

 

(3) The Minister must appoint, from the members of the Appeal Board, a chairperson and a deputy chairperson and an alternate chairperson of the Appeal Board.

 

(4) When the chairperson is unable to perform the functions of that office, they shall be performed by the deputy chairperson or, if he or she is also unable to do so, by the alternate chairperson.

 

(5) The Minister must take into account, among other things, the principles of transparency and representivity when he or she appoints members of the Appeal Board.

 

(6) The procedure for the calling of nominations and the selection of appointees, the appointment of members to the Appeal Board and the term of office for membership thereof must, with the necessary changes, be that provided for in section 4(3), (4), (5) and (6).

 

(7) The grounds upon which persons are disqualified from membership of the Appeal Board and upon which a member must vacate his or her office, are those referred to in section 5(1), (2)(a), (b), (c) and (d), and in addition, a member must vacate his or her office if the member has, without leave of the chairperson of the Appeal Board, been absent from two or more sittings of the Appeal Board during a year.