Natural Scientific Professions Act, 2003 (Act No.27 of 2003)6. Disqualification from membership of Council and vacation of office |
| (1) | A person may not be appointed as a member of the Council if that person— |
| (a) | is not a South African citizen; |
| (b) | is an unrehabilitated insolvent; |
| (c) | after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), has been convicted of a crime specified in Schedule 1 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), whether in the Republic or elsewhere, and sentenced to imprisonment without the option of a fine; |
| (d) | has, as a result of improper conduct, been removed from an office of trust; |
| (e) | has in terms of this Act been found guilty by a disciplinary tribunal or the Council of improper conduct; or |
| (f) | is not, in the case of a person referred to in section 3(a) or (b), a registered person. |
| (2) | A member of the Council must vacate his or her office if he or she— |
| (a) | becomes disqualified in terms of subsection (1) from being appointed as a member of the Council; |
| (b) | resigns by written notice addressed to the president of the Council; |
| (c) | is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); |
| (d) | has without leave of the Council, been absent from more than three consecutive meetings of the Council; |
| (e) | was appointed in terms of section 3(1)(a) and is no longer a member of the body that nominated him or her; |
| (f) | was appointed in terms of section 3(1)(b) and ceases to be employed by the State; or |
| (g) | ceases to be permanently resident in the Republic of South Africa. |
| (3) | The Council may, by notice in writing, remove a member from office if the Council has sufficient reason to believe that the person concerned is not fit and proper to hold office. |
| (4) |
| (a) | If a member of the Council dies or vacates his or her office before the expiration of his or her term of office, the Minister may, after consultation with the Council and subject to subsection (1), appoint a person to fill the vacancy for the unexpired portion of the period for which that member was appointed. |
| (b) | The appointment contemplated in paragraph (a) must be made within 60 days from the date on which the vacancy occurs. |