| 8. | Removal or suspension of member of Council |
[section 95(1)(b) read with section 12(4)]
| 8.1 | If the Council proposes to suspend or remove a member of Council from office in terms of the powers granted to it in terms of section 12 of the Act it may not do so without having first notified the member of Council concerned in writing that it is considering such a suspension or removal and without also advising such member of the reasons for which it is considering doing so. |
| 8.2 | The Council shall afford the member of the Council concerned the opportunity to furnish the Council, within a period stipulated in the notification, with his or her reasons, if any, as to why the Council should not exercise the right to suspend or remove him or her. |
| 8.3 | The Council shall be entitled to call upon the member of Council concerned to amplify such reasons by oral representations to the Council within such period as it shall stipulate. |
| 8.4 | The Council shall make its decision to suspend or remove the member of Council concerned from office in the light of such reasons and of any oral representations made. |
| 8.5 | The Council shall notify the member of Council concerned in writing of its decision either to suspend him or her or remove him or her from office, or not to do so, within 24 hours of such decision, and in the former instance the suspension or removal shall be effective from the date of the Council's decision. |
| 8.6 | The Council shall register the date on which the removal or suspension of a member of the Council becomes effective, and in the case of a suspension, the date on which the suspension terminates. |
| 9. | Meetings of the Council |
[section 95(1)(c) read with section 16(2)]
| 9.1 | Meetings of the Council shall be held at least four times in each year on such dates and at such times and places as may from time to time be determined by the Council. |
| 9.2 | The successive date of each meeting of the Council shall be determined at its preceding meeting, or at such other time as the Council may determine. |
| 9.3 | The chairperson may at any time mero motu convene a meeting of the Council in such manner as he or she shall determine. T he executive officer must, if requested in writing to do so by members of the Council representing not less than one fifth of the Council members in office, convene a special meeting of the Council at such time and in such place as he or she may determine on not less than seven days and not more than fourteen days' notice in writing, stating the business to be considered. |
| 9.4 | When convening a meeting mero motu the chairperson may, in cases which are, in his or her judgment, of sufficient urgency, give such period of notice of the meeting, and in such manner, as he or she thinks fit, to the members of the Council. |
| 9.5 | A resolution, other than a written resolution, taken on a motion of the chairperson on a matter which is, in his or her opinion, of sufficient urgency, shall, although not taken at a meeting of the Council but by such other means of communication as the chairperson may deem fit to employ, be as valid and effective as if it had been passed at a meeting of the Council duly convened and held if all those members of the Council who are readily accessible have been consulted and if the majority of all members of the Council who are then in office have expressed their assent. |
| 9.6 | Every resolution taken in terms of rule 9.5 shall as soon as possible thereafter be recorded in writing and such record shall be deemed to be a minute of the meeting, shall be entered into the minute book of the Council and shall be noted at the next following meeting of the Council. |
| 9.7 | The majority of the members of the Council then in office constitutes a quorum at any meeting of the Council, provided that if a quorum is not present within fifteen minutes after the time fixed for the commencement of the meeting it shall stand adjourned to the corresponding time on the seventh day thereafter at the same place, and the members then present shall constitute a quorum; but if the last mentioned date is a public holiday the meeting shall not take place on that day but shall stand adjourned instead to the corresponding time and the same place on the next succeeding business day not being a public holiday, a Saturday or a Sunday. The executive officer shall forthwith give notice in writing to all members of the Council of the date, time and venue of the adjourned meeting. |
| 9.8 | Minutes shall be kept in a minute book, to be maintained by the executive officer, of every meeting of the Council, and at every ordinary meeting of the Council the minutes of the previous ordinary meeting and of all extraordinary meetings held since then shall be read or, if so resolved by the Council, taken as read and shall, subject to any necessary corrections, be signed by the chairperson as being a correct record of the proceedings of the meeting or meetings concerned. |
| 9.9 | No resolution passed at any meeting of the Council shall be rescinded at any subsequent meeting unless not less than ten days' written notice of the intention to propose such rescission shall have been given in the notice of the meeting; but such notice may be dispensed with by the Council if, at the meeting at which the proposed rescission is to be considered, every member of the Council then in office is present and agrees to waive notice and agrees to the motion being moved. |
| 9.10 | Subject to the provisions of the Act and of these rules, the Council may make, vary and rescind regulations for its meetings and proceedings, and shall otherwise regulate its meetings as it deems fit. |
| 9.11 | No decision taken by or act performed under the authority of the Council is invalid only by reason of— |
| 9.11.1 | a casual vacancy on the Council; or |
| 9.11.2 | the fact that any person who is not entitled to sit as a member of the Council participated in the meeting at the time the decision was taken or the act was authorised |
if the members who were present and acted at the time followed the required procedure for decisions.
| 10. | Conduct of meetings of a committee |
[section 95(1)(d) read with section 18(3)]
| 10.1 | Any committee of the Council established by the Council in terms of the Act shall meet as often as circumstances require but at least once in every year, at such time and at such place as the committee may determine. |
| 10.2 | The chairperson of the committee may at any time convene a special meeting of the committee at a time and place determined by the chairperson of the committee. |
| 10.3 | If requested in writing by not less than one quarter of the members of a committee, the chairperson of the committee must convene a special meeting of the committee to be held within fourteen days after the receipt of the request, and a meeting must take place at a time and place determined by the chairperson of the committee. |
| 10.4 | A majority of members of the committee constitutes a quorum at a meeting. |
| 10.5 | Every member of the committee, including the chairperson, has one vote. In the event of an equality of votes the chairperson of the committee has a casting vote in addition to his or her deliberative vote. |
| 10.6 | A decision of the majority of members of a committee present at a duly constituted meeting is a decision of the committee. |
| 10.7 | Rules 9.8 to 9.11 inclusive relating to meetings and decisions of the Council, with the necessary changes required by the context, apply in respect of any committee, subject to the proviso that no decision of an investigating committee or disciplinary committee, or of an appeal tribunal, may be rescinded. |
| 11. | Appointment of executive officer and other employees |
[section 95(1)(e) read with section 19]
| 11.1 | The Council shall adopt such procedure as it may determine for the appointment of the executive officer or any other employees of the Council. |
| 11.2 | The Council may assign to the executive officer, in addition to the duties and functions assigned to him or her under the Act, the code of conduct, any other law or these rules, such other functions and duties of a general or particular nature as the Council may determine. |
| 12. | Conditions of service of executive officer and other employees |
[section 95(1)(f) read with section 19(6)]
| 12.1 | The executive officer of the Council is responsible for the day-to-day management of the Council's affairs, and is accountable to the Council. |
| 12.2 | On appointment of the executive officer he or she must enter into a performance agreement with the Council on terms to be agreed between the executive officer and the Council. |
| 12.3 | The Council must determine the conditions of service of other employees of the Council which are appropriate to the position and seniority of each such other employee. |
[section 95(1)(g) read with section 20(1)]
The Council shall determine the powers of the executive committee established in terms of section 20 of the Act. The executive committee shall have only those powers which are delegated to it from time to time by the Council, and the Council may at any time revoke any powers so delegated.
| 14. | Convening of meeting and conduct of meetings of executive committee |
[section 95(1)(h) read with section 20(9)(b)]
The provisions of rule 9, with the necessary changes required by the context, apply to meetings of the executive committee.
| 15. | Investment of monies of the Council |
[section 95(1)(i) read with section 22(3)(b)]
| 15.1 | The executive officer shall cause all monies held by the Council to be placed as soon as practicable after each receipt in such bank accounts as the Council may from time to time determine. |
| 15.2 | Any monies which in the opinion of the Council are not required for immediate use may be invested by the Council with financial institutions, in securities listed on any registered securities exchange and in such other prudent investments as the Council deems fit. |
