Pharmacy Act, 1974 (Act No. 53 of 1974)Chapter I : Establishment of The South African Pharmacy Council, its objects, General Powers And Functions5. Constitution of council |
| (1) | The council shall consist of 25 persons elected or appointed as follows: |
| (a) | nine pharmacists registered with the council, resident in the Republic of South Africa and elected by pharmacists; |
| (b) | nine pharmacists nominated by the Members of the Executive Council responsible for health matters in the provinces of the Republic and appointed by the Minister; |
| (c) | an officer of the Department appointed by the Minister; |
| (d) | two pharmacists who are members of the staff of a university at which provision is made for the education and training of pharmacists, nominated by such a university and appointed by the Minister: Provided that such pharmacists shall not be from the same university; |
| (e) | other persons appointed by the Minister, one of whom shall be a person appointed on account of his or her legal knowledge. |
| (2) | The council shall have a president and vice-president, and all members of the council shall be entitled to vote during the election of the president and the vice-president and other office-bearers of the council. |
| (3) | Whenever the persons entitled in terms of subsection (1) (a) to elect any member of the council, fail, before the expiry of the prescribed period, to elect any person to fill any vacancy in respect of the office of such a member, the Minister may, after consultation with the executive committee of the council, appoint a pharmacist who shall thereafter be deemed to have been duly elected. |
| (4) | Subject to the provisions of section 7, the members of the council shall hold office for a period of five years, but shall be eligible for reappointment or re-election, as the case may be, for one term only. |
| (5) | The procedure to be followed at the election of the nine members referred to in subsection (1) (a) shall be prescribed. |
| (6) | If anything required to be done in terms of this Act in connection with the appointment or election or nomination of any member is omitted or not done within the time or in the manner required by this Act, the Minister may order all such steps to be taken as may be necessary to rectify the omission or error, or may validate anything done in any irregular manner, in order to give effect to the objects of this Act. |
| (7) | The registrar shall give notice in the Gazette of the appointment or election of any member of the council, the date of such appointment or election and the period for which such member has been appointed or elected. |
| (8) | Any person who makes or causes to be made a false declaration in connection with the election contemplated in subsection (1) (a), shall be guilty of an offence and liable on conviction to a fine not exceeding the amount determined by the Minister from time to time by notice in the Gazette. |
| (9) | The Minister may, in the public interest, and after consultation with a person or body responsible for the appointment or election of a member, terminate the membership of any member of the council after giving written notice to the member and affording the member an opportunity to furnish reasons to the Minister why his or her membership should not be terminated. |
| (10) | The Minister shall notify the registrar in writing of the names of the members appointed in terms of subsection (1) of this Act. |