| (1) | The council shall be representative and shall consist of the following members, namely— |
| (a) | not more than 16 persons designated by the professional boards, on a basis proportional to the number of persons registered to practise the professions falling under each professional board: Provided that each professional board shall be entitled to designate at least one person registered in terms of this Act; |
[Subsection (1)(a) substituted by section 5(a) of Act No. 29 of 2007]
| (b) | one person in the employment of the Department of Health, appointed by the Minister; |
| (c) | one person in the employment of the Department of Education, appointed by the Minister of Education; |
| (d) | nine community representatives not registered in terms of this Act, appointed by the Minister; |
[Subsection (1)(d) substituted by section 5(b) of Act No. 29 of 2007]
| (e) | one person from the South African Military Health Services, appointed by the Minister of Defence; |
[Subsection (1)(e) substituted by section 5(c) of Act No. 29 of 2007]
| (f) | three persons appointed by the South African University Vice-Chancellors’ Association; |
[Subsection (1)(f) substituted by section 5(d) of Act No. 29 of 2007]
| (g) | [Subsection (1)(g) deleted by section 5(e) of Act No. 29 of 2007]; |
| (h) | [Subsection (1)(h) deleted by section 5(e) of Act No. 29 of 2007]; |
| (i) | one person versed in law, appointed by the Minister. |
| (2) | Subject to the provisions of section 6, the members of the council shall hold office for a period of five years, but shall be eligible for redesignation or reappointment for one more term. |
| (3) | Not less than three months prior to the date of expiry of the term of office of the members of the council, the persons and bodies referred to in subsection (1), except the Minister, shall inform the registrar in writing of the names of the persons to be designated or appointed by them in terms of that subsection. |
| (4) | As soon as possible after the process referred to in subsection (3), the Minister shall inform the registrar of the names of the persons to be appointed by the Minister in terms of subsection (1). |
| (5) | If any of the persons or bodies referred to in subsection (1), except the Minister, fails to make a designation or an appointment or to inform the registrar in terms of subsection (3) of the names of the persons to be designated or appointed by them, the Minister shall make the necessary designation or appointment, and any designation or appointment so made by the Minister shall be deemed to have been properly made in terms of the appropriate paragraph of subsection (1). |
| (6) | The names of the members of the council and the date of commencement of their term of office shall be published by the registrar in the Gazette as soon as possible after the constitution of the council. |
| (7) | A person may not be appointed as a member of the Council if he or she is, at the time of his or her appointment, or was, during the preceding 12 months— |
| (a) | a member of a municipal council, a provincial legislature or Parliament; or |
| (b) | a provincial or national office bearer or employee of any party, organisation or body of a political nature. |
[Subsection (7) inserted by section 5(f) of Act No. 29 of 2007]
