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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Regulations

Regulations for Prevention of and Treatment for Substance Abuse, 2013

Chapter 4 : Treatment

Part II : Treatment centres and halfway houses : Management and staff

39. Grounds for removal from office of members of management structure of treatment centre and halfway house

 

 

(1) Any member of a management structure of a treatment centre or halfway house may be removed from the management structure if he or she—
(a) becomes disqualified from appointment on any of the grounds mentioned in regulation 38;
(b) has been absent from two or more consecutive meetings of a management structure in one calendar year without the prior permission of the chairperson or without a reasonable ground; and
(c) has been found guilty of misconduct related to his or her performance of duties as a member of a management structure.

 

(2) Any member of the management structure may resign his or her office by giving 30 days written notice to the chairperson of the management structure of his or her intention to resign.

 

(3) The Director-General may remove all the members of the management structure from office if the Director-General has reason to believe that the management structure has contravened—
(a) the Act; or
(b) any other law,

in such a way that it caused or is likely to cause harm to the fight against substance abuse in the community.

 

(4) If a member of a management structure dies or vacates his or her office, the chairperson selection panel must, in accordance with the election and appointment procedure contained outlined in regulation 36, elect and appoint another person in his or her place for the remainder of the deceased's or predecessor's term of office.

 

(5) Where all members of the management structure have been removed from office in terms of subregulation (3), a new management structure must be elected and appointed in terms of regulation 36.