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Older Persons Act, 2006 (Act No. 13 of 2006)RegulationsRegulations Regarding Older Persons, 2010Chapter 3 : Residential Facilities18. Term of office and vacation of office of members of residents' committee and grounds for removal from office |
| (1) | A member of a residents' committee, except the manager who holds his or her position ex officio, holds office for the period determined by the operator of the residential facility, but not exceeding three years, and may be re-elected or reappointed upon expiry of that term of office. |
| (2) | The manager of a residential facility must inform an elected or appointed member of a residents' committee in writing of that members' election or appointment and the applicable term of office. |
| (3) | If a member of a residents' committee dies or vacates office, the manager of the residential facility may, with the concurrence of the members of the residents' committee, appoint another resident, staff member or member of the community, as the case may be, as a member and that person serves for the remaining portion of the predecessor's term of office. |
| (4) | No member of a residents' committee may use any of the assets, resources or staff of that residential facility for personal purposes. |
| (5) | Before a person is elected or appointed to a residents' committee, that person must indicate in writing whether he or she has, directly or indirectly, any financial or other interest in the relevant residential facility. |
| (6) | A person is disqualified from being a member of a residents' committee if he or she is— |
| (a) | declared insolvent; |
| (b) | convicted of an offence and sentenced to imprisonment without the option of a fine; or |
| (c) | a relative of the manager or a member of the staff of the residential facility. |
| (7) | A residents' committee may at any time, by resolution of a majority of its members, remove a member of the residents' committee from such committee— |
| (a) | if the member has repeatedly failed to perform his or her functions efficiently; |
| (b) | for misconduct; |
| (c) | if he or she is of unsound mind; |
| (d) | if he or she becomes insolvent; or |
| (e) | if he or she is convicted of an offence which involves dishonesty or the abuse of older persons. |
| (8) | A member of a residents' committee vacates office when he or she— |
| (a) | resigns by notice in writing to the residents' committee; |
| (b) | is discharged in terms of subregulation (7); |
| (c) | was absent from three consecutive meetings of the residents' committee without the chairperson's permission, unless the residents' committee has condoned the absence on good reasons advanced by the member; or |
| (d) | dies. |
