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Professional and Technical Surveyors' Act, 1984  (Act No. 40 of 1984)

4. Qualifications of members of council and circumstances under which they vacate office

 

 

(1) No person shall be appointed as a member of the council—
(a) in terms of section 3(2), or as an alternate to any such member in terms of section 3(4), unless he is a South African citizen: Provided that the provisions of this paragraph shall not apply to a member appointed in terms of section 3(2)(f) or an alternate to any such member appointed in terms of section 3(4);
(b) in terms of section 3(2) (a), (b), (c), (d), (e), (h), (i) or (iA), or as an alternate to any such member in terms of section 3(4), unless he is a member of the body which nominated him;
(c) in terms of section 3(2)(j), or as an alternate to any such member in terms of section 3(4), unless he is a professional surveyor or, in the case of a person nominated by the body mentioned in section 3(2)(i) or (iA), a professional or technical surveyor.

 

(2)        A member of the council or an alternate to such a member, as the case may be, shall vacate his office—

(a) if he resigns by written notice addressed to the registrar;
(b) if he becomes insolvent or assigns his estate for the benefit of, or compounds with, his creditors;
(c) if he is according to the law detained as a mentally ill person;
(d) if he is convicted of an offence and sentenced in respect thereof to imprisonment without the option of a fine;
(e) if he is removed from an office of trust on account of improper conduct or if he has been guilty of conduct by reason of which he is in the opinion of the Minister, after consultation with the council, not a fit person to be a member of the council;
(f) if he is disqualified for registration in terms of this Act;
(g) if he, as a member, has been absent from three consecutive meetings of the council without its leave;
(h) if he was appointed in terms of section 3(2)(a), (b), (c), (d), (e), (h), (i), (iA) or (j) and he ceases to be a member of the body which nominated him;
(i) if he ceases to be a professional surveyor or, in the case of a person nominated by the body mention in section 3(2)(i) or (iA), ceases to be a professional or technical surveyor, as the case may be;
(j) if he was appointed by virtue of the fact that he is a professional surveyor in the service of the State and he ceases to be in such service;
(k) if he was appointed in terms of section 3(2)(f) and he ceases to be a professor or lecturer in surveying at a university;
(l) if he was appointed in terms of section 3(2)(a), (b), (c), (d), (e), (f), (h), (i), (iA) or (j) and the Minister terminates his appointment on the recommendation of the body which nominated him;
(m) if he was appointed in terms of section 3(2) (g) or (k) and the Minister terminates his appointment.

 

(3)

(a) If the president vacates the office of president, he shall remain a member of the council, but the member nominated and appointed in terms of section 3(2)(j) shall vacate his office as from the date on which the president so vacates his office.
(b) If the president, when vacating the office of president, also resigns as a member of the council, the member appointed in terms of section 3(2)(j) shall remain a member of the council for the unexpired portion of the period for which such member was appointed.
(c) The provisions of this subsection shall apply mutatis mutandis to any relevant alternate member appointed in terms of section 3(4).