Social Housing Act, 2008 (Act No. 16 of 2008)Chapter 3 : Social Housing Regulatory Authority9. Appointment of Council |
| (1) | The Council consists of at least seven and not more than 12 fit and proper persons who have knowledge, experience or qualifications in the field of social and rental housing or other applicable competencies for the proper governance of the Regulatory Authority. |
| (2) |
| (a) | The Minister must, by notice in the Gazette as well as in the national news media, including at least two newspapers circulating throughout the Republic, call for the nomination of persons who comply with the criteria referred to in subsection (1). |
| (b) | The Minister must establish a selection committee consisting of not more than seven members, two of whom must be the chairpersons of the parliamentary committees or their delegates, to advise the Minister on the appointments. |
| (3) | The members contemplated in subsection (1) must be appointed by the Minister and serve in a non-executive capacity. |
| (4) | A member of the Council is appointed for the period determined by the Minister but not exceeding three years at a time, and may, subject to subsection (2), be reappointed on the termination of that period. |
| (5) | The Minister may at any time terminate the membership of a member of the Council for reasons which are just and fair. |
| (6) | A member of the Council other than a person who is in the full-time employment of the State, is paid an allowance determined by the Minister with the approval of the Minister of Finance. |
| (7) | A member of the Council ceases to be a member if— |
| (a) | he or she resigns; |
| (b) | his or her estate is sequestrated; |
| (c) | he or she becomes of unsound mind; |
| (d) | he or she is convicted of an offence and sentenced to imprisonment without the option of a fine; |
| (e) | he or she becomes an employee or director of a social housing institution, a member of Parliament, of a provincial legislature, of a municipal council, of the Cabinet or of the Executive Council of a Province; or |
| (f) | he or she has failed to attend three consecutive meetings, without an apology or justified excuse. |
| (8) | The Council must adopt standing instructions to ensure compliance with this Act, the Public Finance Management Act and any other legislation applicable to the Regulatory Authority. |
| (9) | The Council may appoint such committees as it may consider appropriate for fulfilling its responsibilities under the Act and to ensure proper governance of the Regulatory Authority and may delegate such power or assign such functions as it may consider appropriate, including any power or function under section 12, to such committee. |
| (10) | The Council must establish the necessary matters and procedures relating to meetings of the Council. |
| (11) | The quorum for any meeting of the Council is at least 50% plus 1 of the members. |