| (1) | Whenever it becomes necessary to designate or elect the members of the council, the following procedure shall be followed: |
| (a) | Before the expiration of the period of office of the outgoing council, an election shall be held in the prescribed manner for— |
| (ii) | the election of one representative of each para-veterinary profession by persons registered or deemed to be registered in terms of this Act to practise the para-veterinary profession concerned. |
| (b) | The Minister shall, after consultation with the outgoing council, appoint a selection panel, which must consist of— |
| (i) | three veterinarians or veterinary specialists; |
| (ii) | one para-veterinary professional; |
| (iii) | one non-veterinary professional. |
| (c) | The selection panel shall select— |
| (i) | two persons on account of their knowledge of law; |
| (ii) | eight veterinarians or veterinary specialists; |
| (iii) | two non-veterinarians. |
| (d) | The rector or principal of each university in the Republic that has a faculty of veterinary science, shall nominate at least three veterinarians or veterinary specialists who are fit and proper persons. |
[Section 5(1) substituted by section 2(a) of Act No. 10 of 2002]
| (2) | The council consists of — |
| (a) | one officer of the Department of Agriculture who is a veterinarian or veterinary specialist, designated by the Minister; |
| (b) | six veterinarians or veterinary specialists from the ten persons elected as contemplated in subsection (1)(a)(i), of whom— |
| (i) | the three persons with the most votes in that election qualify automatically to be members of the council; |
| (ii) | three further persons shall be designated by the Minister; |
| (c) | one representative of each para-veterinary profession elected as contemplated in subsection (1)(a)(ii); |
| (d) | one person from the persons referred to in subsection (1)(c)(i), designated by the Minister; |
| (e) | five persons designated by the Minister from the persons referred to in subsection (1)(c)(ii) and (iii), of whom at least one shall be a non-veterinarian; |
| (f) | one person from each of the universities in the Republic that has a faculty of veterinary science, designated by the Minister from the nominations referred to in subsection (1)(d); and |
| (g) | one representative designated by the South African Veterinary Association from its members. |
[Section 5(2) substituted by section 2(b) of Act No. 10 of 2002]
| (2A) | The period of office of all the members of the council shall run consecutively. |
[Section 5(2A) inserted by section 2(c) of Act No. 10 of 2002]
| (2B) | Within 30 days after the commencement of office of the members of the council, the Minister shall inform the parliamentary committees in writing of the designation or election of the members concerned. |
[Section 5(2B) inserted by section 2(c) of Act No. 10 of 2002]
| (3) | Whenever any designation in terms of subsection (2)(f) or (g) becomes necessary, the registrar shall request the rector or principal concerned or the South African Veterinary Association, as the case may be, in writing to designate or nominate within a specified period the persons required to be designated or nominated in terms of that subsection. |
[Section 5(3) substituted by section 2(d) of Act No. 10 of 2002]
| (4) | If the registrar or principal concerned or the said Association fails to comply with such request within the said period, the Minister may designate any person holding the qualifications necessary for designation and whom he or she deems fit, to be a member of the council in the place of the person required to be designated in terms of subsection (2)(f) or (g). |
[Section 5(4) substituted by section 2(e) of Act No. 10 of 2002]
| (5) | If at any time it appears to the Minister that the election of a member of the council did not in all respects take place in the prescribed manner, or that an irregularity occurred with regard to such election, and if he or she is of the opinion that the omission to comply with the prescribed requirements, or the said irregularity, does not justify the annulment of the election, he or she may, in his or her discretion, condone such omission or irregularity, and may, notwithstanding such omission or irregularity, declare the election of a member so elected, to be valid. |
