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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Regulations

Regulations for Prevention of and Treatment for Substance Abuse, 2013

Chapter 4 : Community-Based Services

Part III : Management structure of community-based services

21. Guidelines for election and appointment of members of management structure of community-based services

 

 

[Section 15(2)(b)]

 

(1) Any person who provides community-based services must form a selection panel to consider nominations for, and appoint members to, the management structure contemplated in regulation 20.

 

(2) The selection panel referred to in subregulation (1) must—
(a) ask for nominations for election and appointment, from members of the community where the community-based services are to be provided, for members of the management structure contemplated in regulation 20;
(b) display the request for nominations in a prominent place at locations in the community that are accessible to the general public of that community; and
(c) consider the nominations received and compile a shortlist of candidates for appointment to the management structure.

 

(3) The request for nominations contemplated in subregulation (2)(b) must contain at least the—
(a) service area of the community-based service;
(b) activities of the community-based service;
(c) time commitment reasonably expected from members of the management structure of the community-based service;
(d) term of office for which the election and appointment are considered;
(e) criteria for disqualification as a member of management structure;
(f) requirements with which a nomination must comply;
(g) closing date of the nominations; and
(h) address to which nominations for election and appointment must be delivered.

 

(4) A nomination contemplated in subregulation (2) must be on a form substantially similar to Form 3 in Annexure F, and must include at least the—
(a) name of the nominee; and
(b) names and contact details of the person making the nomination; and
(c) names and contact details of the person seconding the nomination;

 

(5) Any nomination form that is incomplete and does not conform to the requirements contained in subregulation (4) is invalid and may not be considered for purposes of appointing a member of the management structure.

 

(6) A request for nominations for members of an existing management structure must be made at least two months prior to the expiry of the term of office of the current management structure.

 

(8) Shortlisted nominees must on request furnish the selection panel contemplated in subregulation (1) with a—
(a) detailed curriculum vitae not exceeding two typed pages in length;
(b) written motivation not exceeding two typed pages in length outlining and detailing his or her vision for the community-based service, and future contribution he or she intends making towards the development of the community-based service;
(c) certificate of good standing if he or she is a member of any professional body that prescribes adherence to a code of conduct for its members;
(d) declaration under oath to execute the functions of the community-based service and to ensure adherence to the Act and any other applicable prescript if appointed; and
(e) certified copy of his or her national identity document or passport.

 

(9) Upon receipt of completed nomination forms the selection panel must—
(a) count all the nominations received;
(b) establish if the nominees are not disqualified in terms of regulation 22;
(c) if there is only one or only two nominees from each group of persons contemplated in regulations 20(a)-(d), appoint that nominee or such nominees automatically;
(d) if there are more than two nominations received from the group of persons contemplated in regulations 20(a)-(d), call upon the persons who made the nominations to vote by show of hands and elect two nominee to the management structure;
(e) appoint the nominees who get the most votes after the election contemplated in subregulation 21(9)(d).
(e) prepare appointment letters and request the chairperson of the selection panel to sign such letters; and
(f) cause such letters to be delivered to the appointed persons.

 

(10) The selection panel contemplated in subregulation (1) must appoint all the members of the management structure and supply the names of such appointed members and the date of commencement of duty to the HOD within 30 days after the appointment has been made.

 

(11) In appointing the members of the management structure, the selection panel contemplated in subregulation (1) must take into consideration the—
(a) relevant expertise and experience in the prevention and treatment of substance;
(b) expertise in a range of health services;
(c) representivity in terms of race and gender; and
(d) any other factor which in the opinion of the panel is relevant.

 

(12) Any nominee appointed as a member of the management structure must submit a written acceptance of the appointment within seven days of receiving the notification of appointment.

 

(13) The appointed members of management structure must, within 7 days after being appointed convene a meeting and elect a—
(a) chairperson;
(b) deputy chairperson;
(c) secretary;
(d) treasurer; and
(e) public relations officer.