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Rental Housing Act, 1999 (Act No. 50 of 1999)

Chapter 4 Rental Housing Tribunal

10. Meetings of Tribunal

 

 

1) The Tribunal will sit on such days and during such hours and at such place as the chairperson of the Tribunal may determine.

 

2) Meetings of the Tribunal must be held or resumed at such times and places throughout the area of a Province as the chairperson may at any time determine.

 

2A) The Chairperson presides at all meetings of the Tribunal.

 

2B) Where the Chairperson is not present at a meeting, the Deputy Chairperson presides or, if the Deputy Chairperson is not present, the members of the Tribunal present must appoint from amongst themselves a member to preside at such a meeting.

 

3) A local authority may, at the request and at no cost to the Tribunal, make a venue available for meetings of the Tribunal.

 

4) Meetings of the Tribunal must be convened for the consideration of-
a) any complaint referred to the Tribunal in terms of section 13;
b) any other matter which the Tribunal may or must consider in terms of this Act.

 

5) The quorum of any meeting of the Tribunal is three members, of which at least two members must be appointed in terms of section 9(1)(b)(i) and (ii), respectively.

 

6) All decisions of the Tribunal, subject to subsection (7), must be taken by consensus.

 

7) Where consensus cannot be reached by the Tribunal, the decision of a majority of the members of the Tribunal must be the decision of the Tribunal.

 

8) In the event of an equality of votes on any matter, the person presiding at the meeting of the Tribunal will have a casting vote in addition to that person’s deliberative vote.

 

9) A member or any alternate member of the Tribunal must not attend or take part in the discussions of or decision-making on any matter before the Tribunal in which he or she or his or her spouse, or his or her relative within the second degree of affinity, or his or her partner or his or her employer, other than the State, or the partner or the employer of his or her spouse, has any direct or indirect pecuniary interest.

 

10) Minutes of the proceedings of the Tribunal must be kept and retained at the offices of the Tribunal.

 

11) No decision taken by the Tribunal will be invalid merely by reason of a vacancy in the Tribunal or of the fact that any person not entitled to sit as a member of the Tribunal, sat as such a member at the time when the decision was taken, if the decision was taken by the majority of the members of the Tribunal present at the time and who were entitled to sit as members of the Tribunal.

 

12) Any person may, in the prescribed manner, obtain copies of minutes contemplated in subsection (10) against payment of a prescribed fee.