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Academy of Science of South Africa, 2001 (Act No. 67 of 2001)

7. Disqualification, vacation of office and filling of vacancies

 

(1) A person may not be elected as a member of the Council if that person—
(a) is not ordinarily resident in the Republic;
(b) is an unrehabilitated insolvent;
(c) has been convicted of an offence in the Republic, other than an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment;
(d) has, as a result of improper conduct, been removed from an office of trust.

 

(2) A member of the Council must vacate office if the member —
(a) becomes  disqualified in terms of  subsection (1) from being  appointed  as a member of the Council;
(b) [Section 7(2)(b) deleted by section 7 of Act No. 16 of 2011]
(c) is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973);
(d) has without leave of the Council been absent from three consecutive meetings of the Council;
(e) has had more than three prescribed defaults recorded by the president during the previous five years, for which no satisfactory reasons have been given to the Council by the member:
(f) has been found guilty of misconduct after a formal hearing for conduct which may bring the Academy into disrepute;

[Section 7(2)(f) substituted by section 7 of Act No. 16 of 2011]

(g) [Section 7(2)(g) deleted by section 7 of Act No. 16 of 2011]

 

(2A) The Council must be reconstituted every four years, and a member of the Council may not serve for more than two consecutive terms.

[Section 7(2A) inserted by section 7 of Act No. 16 of 2011]

 

(3) Any member of the Council must tender his or her resignation in writing to the Minister.

[Section 7(3) substituted by section 15(a) of the Science and Technology Laws Amendment Act (Act No. 9 of 2020), GG43829, dated 22 October 2020 - effective 01 April 2021]

 

(4) Membership lapses if subscription fees, as prescribed, have not been paid as prescribed.

[Section 7(4) substituted by section 7 of Act No. 16 of 2011]

 

(4A) The Minister may, on recommendation of the Council, remove a member of the Council from office on the grounds of misconduct, incapacity, incompetence or any other reasonable ground.

[Section 7(4A) inserted by section 15(b) of the Science and Technology Laws Amendment Act (Act No. 9 of 2020), GG43829, dated 22 October 2020 - effective 01 April 2021]

 

 

(5) If the office of a member of the Council becomes vacant before the expiration of the term of office of that member, the Minister must, within 60 days and subject to subsection (1), appoint a person nominated by the Council to fill the vacancy for the unexpired portion of the period for which the member who has vacated office was appointed.

 

(5A) For the sake of continuity, at least one third of the Council must at all times consist of re-appointed members.

[Section 7(5A) inserted by section 7 of Act No. 16 of 2011]