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Sectional Titles Act, 1986 (Act No. 95 of 1986)

Part X : Miscellaneous

54. Sectional titles regulation board

 

(1) There is hereby established a sectional titles regulation board (in this section referred to as the regulation board), which shall—
(a) make recommendations to the Minister concerning any matter specified in section 55 in regard to which the Minister may make regulations;
(b) keep the working and implementation of this Act and the regulations under regular review and which may make recommendations to the Minister in regard to any amendments or other action which may be advisable; and
(c) advise the Minister on any matter referred to it by the Minister.

 

(2) The regulation board shall consist of the following members—
(a) the Chief Registrar of Deeds appointed in terms of section 2 of the Deeds Registries Act, who shall act as chairman at the proceedings of the regulation board;
(b) the Chief Surveyor-General; and
(c) seven members appointed by the Minister, who shall consist of the following persons—
(i) a conveyancer nominated by the Executive Council of the Law Society of South Africa;

[Section 54(2)(c)(i) substituted by section 13 of Act No. 11 of 2010]

(ii) a professional land surveyor nominated by the relevant Council;
(iii) an architect nominated by the relevant Council;
(iv) an officer in the employ of the Council of South African Banks;

[Section 54(2)(c)(iv) substituted by section 26(a) of Act No. 44 of 1997]

(v) two persons having special knowledge of sectional title development schemes; and
(vi) an official of the Department of Rural Development and Land Reform.

[Section 54(2)(c)(vi) substituted by section 8(a) of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]

 

(3) For every member of the regulation board appointed in terms of subsection (2)(c) there shall be an alternate member appointed in the same manner as such member, and any alternate member so appointed shall act in the place of the member in respect of whom he has been appointed as alternate member, during such member's absence or inability to act as a member of the regulation board.

 

(4) The Chief Registrar of Deeds and the Chief Surveyor-General may each designate a person from their respective offices to act in their place at meetings which they are unable to attend.

 

(5) When any nomination in terms of subsection (2)(c)(i), (ii), (iii) or (iv) becomes necessary, the body concerned shall at the request of the Director-General of Rural Development and Land Reform furnish the nomination required for appointment to the regulation board, within a period of 60 days from the date of such request, failing which the Minister may appoint subject to the provisions of that subsection, any suitable person as a member in place of the person he or she would have appointed if the said body had not so failed to nominate a person.

[Section 54(5) substituted by section 8(b) of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]

 

(6) A member of the regulation board appointed by the Minister shall hold office for the period determined by the Minister, but the Minister may, if in his opinion there is good reason for doing so, terminate the appointment of such a member at any time before the expiration of his period of office.

 

(7) If a member of the regulation board dies or vacates his office before the expiration of his period of office, the Minister may, subject to the provisions of subsection (2)(c), appoint a person to fill the vacancy for the unexpired portion of the period for which such member was appointed.

 

(8) A member of the regulation board whose period of office has expired, may be reappointed.

 

(9) A member of the regulation board, excluding a member in the fulltime service of the State, shall, while he is engaged in the business of the regulation board, be paid such remuneration and travelling and subsistence allowances as the Minister, with the concurrence of the Minister of Finance, may determine.

[Section 54(9) substituted by section 22 of Act No. 63 of 1991]

 

(10) In the absence of the chairman, the Chief Surveyor-General shall act as chairman of the regulation board.

 

(11)
(a) The regulation board shall from time to time meet at such times and places as are determined by the chairman.
(b) The Minister may at any time direct the chairman of the regulation board to convene a meeting of the board at a time and place specified by the Minister.

 

(12)
(a) Five members of the regulation board, one of whom shall be a member referred to in subsection (2)(a) or (b), shall form a quorum for a meeting of the board.
(b) A decision of a majority of the members of the regulation board present at any meeting shall be a decision of the regulation board and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

 

(13) The regulation board may regulate the proceedings at its meetings as it may think fit, and shall cause minutes of such proceedings to be kept.