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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 : Treatment

Part II : Treatment centres and halfway houses : Management and staff

36. Election and appointment of members of management structure of treatment centre or halfway house

 

 

[Section 29(2)(b)]

 

(1) Any person who manages a treatment centre or halfway house must form a selection panel to consider nominations for, and appoint members to, the management structure contemplated in regulation 35.

 

(2) The selection panel referred to in subregulation (1) must—
(a) ask for nominations for appointment, from members of the community where the treatment centre's or halfway house's services are provided, for members of the management structure referred to in subregulation (1);
(b) display the request for such 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 a treatment centre or halfway house;
(b) activities of the treatment centre or halfway house;
(c) time commitment reasonably expected from members of the management structure of a treatment centre or halfway house;
(d) term of office for which the appointment is considered;
(e) criteria for disqualification as a member;
(f) requirements with which a nomination must comply;
(g) closing date for 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—
(a) the name of the nominee;
(b) the names and contact details of the person making the nomination;
(c) the names and contact details of the person seconding the nomination; and
(d) a motivation supporting the nomination of such nominee, including the nominee's actual or potential leadership qualities, the expertise in a particular field and the nominee's ability to assume the responsibilities and functions entrusted by the Act.

 

(5) 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.

 

(6) The selection panel contemplated in subregulation (1) must ask for nominations from the—
(a) members of the public in which the treatment centre or halfway house is situated;
(b) staff members in the case of an existing treatment centre or halfway house; and
(c) representatives of the service users;

for the appointment of the members of the management structure contemplated in regulation 27.

 

(7) A shortlisted nominee 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 treatment centre or hallway house, and future contribution he or she intends making towards the development of the treatment centre or halfway house;
(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; and
(d) certified copy of his or her national identity document or passport.

 

(8) 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 37;
(c) if there is only one or only two nominees from each group of persons contemplated in regulations 35(1)(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 35(1)(a)-(d), call upon the persons who made the nominations to vote by show of hands and elect two nominees to the management structure;
(e) appoint the nominees who get the most votes after the election contemplated in subregulation 36(9)(d).
(f) prepare appointment letters and request the chairperson of the selection panel to sign such letters; and
(g) cause such letters to be delivered to the appointed nominees.

 

(9) The selection panel contemplated in subregulation (1) must oversee the election process of members, where necessary, 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 Director-General within one month of the elections.

 

(10) In electing and 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 abuse;
(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.

 

(11) Any nominee appointed as a member of the management structure must submit a—
(a) written acceptance of the appointment within seven days of receiving the notification of appointment; and
(b) declaration under oath to execute the functions of the treatment centre or halfway house and to  ensure adherence to the Act and any other relevant prescripts.

 

(12) 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.

 


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