| (1) |
The registration of a person who is registered or deemed to be registered in terms of this Act, is terminated if— |
| (a) |
in the case of a student, he or she is no longer enrolled for a degree, diploma or certificate which is prescribed under section 20; |
| (b) |
he or she has failed to furnish the registrar with the address of his or her permanent residence and his or her permanent postal address within three months after the date of a written request by the registrar, addressed to his or her permanent postal address as entered in the appropriate register; |
| (c) |
he or she fails to pay the prescribed fee for the maintenance of his or her registration within three months after the date of a written request by the registrar, addressed to his or her permanent postal address as entered in the appropriate register; |
| (d) |
he or she has been absent from the Republic for a continuous period of more than three years without having notified the council thereof in writing: Provided that this provision does not apply to a person residing in a state the territory of which formed part of the Republic and which became an independent state in terms of an Act of Parliament; |
| (i) |
that corporation or private company ceases to exist; or |
| (ii) |
the provisions of section 24(4) or 24(5), as the case may be, are no longer complied with; |
[Section 28(1)(dA) substituted by section 9(a) of Act No. 10 of 2002]
| (e) |
he or she becomes a patient or a President's patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973); |
| (f) |
in the case of any person referred to in section 25(6), the period contemplated in that section expired before he or she became a South African citizen; |
| (g) |
he or she has so requested in writing and no steps in terms of section 31, 32 or 33 are pending or contemplated or will probably be instituted against him; |
| (h) |
he or she has obtained his or her registration fraudulently; or |
| (i) |
he or she has been registered in error. |
| (a) |
For the purposes of this Act the member's interest of a person in a corporation or a private company may, at such person's death or at the termination, withdrawal or suspension of such person's registration in terms of this Act, be held by such person's estate or by such person, as the case may be, for a period of 12 months in the case of a corporation or for a period of six months in the case of a private company, from such person's death or the termination, withdrawal or suspension of such person's registration, or for such longer period as the council may on application determine. |
[Section 28(1A)(a) substituted by section 9(b) of Act No. 10 of 2002]
| (b) |
No voting rights shall attach to a member's interest held by an estate or a person in terms of paragraph (a) except in respect of a resolution enabling the corporation to comply with the provisions of section 24(4), or to dispose of its undertaking or assets or any part thereof. |
[Section 28(1A) inserted by section 9(b) of Act No. 19 of 1989]
| (2) |
If the registration of any person is so terminated, the registrar shall— |
| (a) |
inform the person concerned thereof by means of a written notice addressed to his or her permanent postal address as entered in the appropriate register; and |
| (b) |
delete the particulars entered in respect of such person in the appropriate register. |
| (3) |
A person whose registration is so terminated shall return his or her certificate of registration to the registrar within 30 days of the date of a notice referred to in subsection (2)(a). |
| (a) |
it appears to the judge referred to in section 19 of the Mental Health Act, 1973, from the documents submitted to him or her in terms of section 18(3) of that Act, or it is brought to the notice of such judge in any other manner, that the person to whom the documents relate is a person registered or deemed to be registered in terms of this Act, and such person is declared a mentally ill person as contemplated in section 19(1)(b) of that Act; or |
| (b) |
it is brought to the notice of a court that an accused person appearing before it is registered or deemed to be registered in terms of this Act, and the court in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), directs that the accused person be detained pending the signification of the decision of the State President, |
the judge or court shall direct that a copy of the order declaring the person concerned a mentally ill person or, as the case may be, a copy of the direction that the accused person be detained pending the signification of the decision of the State President, be transmitted to the council.
| (5) |
An application for reinstatement of registration shall be submitted and further dealt with in the manner contemplated in section 25. |
Implementation of Geneva Conventions Act, 2012
