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Medical Schemes Act, 1998 (Act No. 131 of 1998)

Chapter 3 : Council for Medical Schemes

Part 1 : Council

5. Disqualification as member of Council, and vacation of office


(1) No person shall be appointed as a member of the Council if he or she—
(a) is an unrehabilitated insolvent;
(b) is disqualified under any law from carrying on his or her profession;
(c) is not permanently resident in the Republic of South Africa; or
(d) has at any time been convicted (whether in the Republic of South Africa or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine.


(2) A member of the Council shall vacate his or her office if he or she—
(a) becomes subject to any disqualification referred to in subsection (1);
(b) becomes mentally incompetent;
(c) by written notice resigns as a member;
(d) is discharged of his or her office by the Minister under section 4(8);
(e) is in terms of the provisions of the Electoral Act, 1993 (Act No. 202 of 1993), nominated as a candidate for election as a member of Parliament; or
(f) is in terms of the provisions of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), elected as a member of Parliament or holds a political office at a provincial or local government level.