Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984)3. Constitution of council and first meeting |
| (1) | For the period from the commencement of this Act until a date determined by the State President by proclamation in the Gazette, the council shall consist of the persons who were members of the Central Council of Land Surveyors established by section 2 of the Land Surveyors' Registration Act, 1950 (Act No. 14 of 1950), as constituted immediately before that commencement, and three additional persons, co-opted by the first-mentioned persons from the members of the Institute of Topographical and Engineering Surveyors of South Africa, as members of the council. |
| (2) | After the date so determined the council shall consist of the following members appointed by the Minister, namely— |
| (a) | one professional surveyor nominated by the Institute of Professional Land Surveyors of the Eastern Cape mentioned in section 40(a); |
| (b) | one professional surveyor nominated by the Institute of Professional Land Surveyors of the Western Cape mentioned in section 40(b); |
| (c) | one professional surveyor nominated by the Institute of Professional Land Surveyors of Natal; |
| (d) | one professional surveyor nominated by the Institute of Professional Land Surveyors of the Orange Free State; |
| (e) | two professional surveyors nominated by the Institute of Professional Land Surveyors of the Transvaal; |
| (f) | one professional surveyor nominated by the education advisory committee, who shall be a professor or lecturer in surveying at a university which offers a degree course in surveying; |
| (g) | two professional surveyors in the service of the State; |
| (h) | one professional surveyor nominated by the Association of Air Survey Companies; |
| (i) | three persons, each of whom shall be a professional or a technical surveyor, nominated by the Institute of Topographical and Engineering Surveyors of South Africa who ordinarily are resident and practise in the Republic; |
| (iA) | two persons, each of whom shall be a professional or a technical surveyor, nominated by the Institute of Mining Surveyors of South Africa and who ordinarily are resident and practise in the Republic; |
| (j) | one person nominated, after the election of the president of the council in terms of section 6(1), by the body mentioned in paragraph (a), (b), (c), (d), (e), (f), (h), (i) or (iA) of this subsection which had nominated the member so elected as president, or, if the president was appointed as a member of the council in terms of paragraph (g) of this subsection, one professional surveyor in the service of the State; and |
| (k) | one person appointed by reason of his knowledge and experience concerning public affairs and the practise of surveying |
| (3) | When any nomination in terms of subsection (2)(a), (b), (c), (d), (e), (f), (h), (i), (iA) or (j) becomes necessary, the body concerned shall at the request of the Director-General furnish the nomination or nominations required for appointment to the council, within a period of 60 days from the date of such request, failing which the Minister may appoint to be a member or members of the council in terms of that subsection any suitable person or persons in the place of the person or persons he would have appointed if the said body had not so failed to nominate a person or persons. |
| (4) | For every member of the council there shall be an alternate member appointed in the same manner as such member, and any alternate member so appointed shall act in the place of the member in respect of whom he has been appointed as alternate member, during such member's absence or inability to act as a member of the council: Provided that— |
| (a) | such alternate member may with the consent of the council attend any meeting of the council and participate in the proceedings there when the member in respect of whom he has been appointed as alternate member is present at that meeting, but shall not have the power to vote at such meeting; and |
| (b) | where the member of the council in respect of whom such alternate member has been appointed is the president or vice-president of the council, and the president or vice-president, as the case may be, is not able to preside at any meeting of the council, the provisions of section 6(4) shall apply in respect of that meeting. |
| (5) | Every member of the council (excluding a member appointed in terms of paragraph (g) of subsection (2), who shall hold office for such period as the Minister my determine at that time of his appointment), shall be appointed for a period of two years, but shall on termination of the period for which he was appointed, continue to hold office for a further period not exceeding three months until his successor has been appointed. |
| (6) | If a member of the council dies or vacates his office before the expiration of his period of office, the Minister may, subject to the provisions of subsection (2) of this section and section 4(1), appoint a person to fill the vacancy for the unexpired portion of the period for which such member was appointed. |
| (7) | Any member of the council whose period of office as a member of the council has expired, shall be eligible for re-appointment. |
(8)
| (a) | The first meeting of the council shall be held at such time and place as the Minister may determine, and all subsequent meetings shall be held at such times and places as the council may determine: Provided that the council shall meet at least once in every year. |
| (b) | The president of the council may at any time, and shall when requested to do so by a majority of the members of the council, call a special meeting of the council to be held at such time and place as the president my direct. |
| (9) | No action or decision taken by the council in the period between the election of the president and the appointment of the member mentioned in subsection (2)(j), shall be invalidated by reason only of the fact that the said member had not yet been appointed. |