9. The term of office of the chairperson, deputy chairperson or any other member is terminated if the member— (a) resigns by giving notice jn writing to the Minister and the council; (b) is absent from three consecutive meet@ of the council or from a committee of which the member is a member without leave of the relevant chairperson, or in the case of the chairperson, the leave of the executive committee of the council; (c) brings the council or the profession into disrepute; (d) no longer meets the requirements referred to in section 6(1) and (2); (e) (i) is declared insolvent; 45 50 (ii) is removed from an office of trust by a court of law; (iii) is convicted of an offence involving dishonesty or an offence for which the sentence imposed is imprisonment without the option of a fine; or 55 (iv) is declared by a competent court to be of an unsound mind or under a legal disability. I I(J .s{1. 2 [.!.3 I GO Vt:RNME\r”l GAZETTL 2 AUG[’SI° 2000 .\ct w 31, 2000” SO IIT[[ ,AFRIC.<X COL’XCII. FOR E[2L!CATOILS ,ACT. 2000 Filling of vacancies lo. ( I ) If the term of oflice of a member is terminated in terms of section 9. [he \acancy must be filled, with the necessary changes. in a~~ord;lnce with section 6. (2) The term of office of a member appointed in terms of subsection ( 1), is the remainder of the term of off]ce of the relevant predecessor. (3) (a) If the office of chtiirperson becomes vacant in terms of section 9, the remaining members and the Minister must act in accordance with section 7(1). (b) The person so appointed as chairperson holds ofiice for the remainder of the term of office of the relevant predecessor. Executive committee 11. ( 1 ) The executive committee of the council consists of— (a) the chairperson of the council, who is the chairperson of the committee; (b) six other members appointed by the council of whom at least one is a member referred to in section 6(1 )(c); and (c) the chief executive officer. 5 1(I 15 (2) The council must, subject to this Act, determine the functions of the executive committee. (3) A decision of the executive committee is regarded as a decision of the council, unless the decision is revoked by the council at its ensuing meeting. (4) Anything done in implementing the decision of the executive committee before it 20 is revoked by the council, is not invalid by reason only of the fact that the decision is subsequently revoked by the council. Registration committee 12. (1) The registration committee of the council consists of— (a) the chairperson, who is a member of, and appointed by. the council; (b) four other members appointed by the council; and (c) the chief executive otlcer. (~) Subject to Chapter 3, the registration committee must— (u) consider and make recommendations to the council on minimum criteria and procedures for the registration or provisional registration of educators; (b) consider and make recommendations to the council on any application for registration or provisional registration; (c) recommend the period of validity of the registration of an educator to the 25 30 council; and (d) exercise or perform any other power or duty delegated or assigned to it by the 35 council. (3) The registration committee must keep a record of its proceedings. Professional development committee 13. ( 1 ) The professional development committee of the council consists of— (u) the chairperson, who is a member of, and appointed by, the council; (b) four other members appointed by the council, of whom at least one must be a 40 member referred to in section 6(1 )(c); and (c) the chief executive officer. (2) The professional development committee must, subject to this Act— (u) consider and make recommendations to the council in relation to powers and 45 duties contemplated in section 5(/7); and (b) exercise or perform any other power or duty delegated or assigned to it by the council. (3) The professional development committee must keep a record of its proceedings. Disciplinary committee 50 14. (1) The disciplinary committee of the council consists of— (a) the deputy chai~erson of the council, who is the chairperson of the committee: 12 N(), 2 i 4.3 I Act No. 31, 2(}00 SOLITH AFRICAN’ COUNCIL FOR EDUCATORS ACT, 2000 GOVERNMENT GAZETTE. 2 ALICTLIST 2000” (b) fourother members appointed b}thecouncil.o fwhomatl eastonemustbea member referreci to infection 6(1)(c): and (c) thechief executive officer. (2) The disciplinary committee must— (u) compose, maintain and fromtime totimereview acodeofprofesional (b) ensure thatanalleged breach of thecode ofprofessional ethics isinvestigated; (c) establish panels toin\estigatea ndhearc omplaintsa gainsteducators; (d) ensure thatafair hearing, inaccordance withthe procedure determined bythe ethics; 5 council in terms of section 5(c)(ii), is conducted; (e) on the basis of a recommendation of the relevant panel, recommend a finding 10 and appropriate action, if any. to the council; and V) exercise or perform any other power or duty delegated or assigned to it by the council. (3) A relevant panel must make a recommendation to the disciplinary committee in regard to a finding, and, if any, disciplinary action concerning a complaint referred to it. 15 (4) For the purposes of the investigation and hearing, a panel may summon any person wh~ (a) may be able to give information of material importance concerning the subject of the investigation or hearing; or (b) has possession, custody or control of or over any book, document or object 20 which may have a bearing on the matter, to appear before the panel and to produce the book, document or object, if any. (5) The summons must be in a form prescribed by the council and be signed by the chairperson of the disciplinary committee or the chief executive otlicer and be served on a person by way of— (a) delivery by hand; (b) telefax; or (c) registered post. (6) The date on which the summons is served is regarded as, in a case of— (a) service by hand, the date of delivery; (b) service by telefax, the dispatching date reflected on the telefax; and (c) service by registered post, the date on which the letter was signed for, in the absence of proof to the contrary. (7) The disciplinary committee and a panel must keep a record of the proceedings of every investigation and disciplimwy hearing. Committees of council 25 30 35 15. (1) The council may establish other committees to assist in the performance of its functions and may co-opt other persons to attend committee meetings on the basis of their expertise. (2) Any committee, other than the executive committee, may include persons who are 40 not members of the council. (3) Subject to sections 11 and 14 the chairperson of a committee must be appointed by the council from among its members. (4) Members of committees referred to in subsection (1) maybe appointed for such period as the council may determine. 45 - (5) Members of a panel referred to in section 14(2)(c) need not be members of the council. Meetings, and procedure at meetings of council and committees 16. (1) The council must hold at least two meetings during each calendar year at its head office, and may in addition hold such other meetings as the chairperson of the 50 council may determine. (2) The council may make rules relating to the procedure at meetings of the council and its committees, and on any other matter necessary for the performance of its functions. 14 s,). 21431 GO\’ERNMENT GAZETTE. 2 /\ L’GLST 2000 Act N(I.31, 2000 SOUTH AFRIC.AX COLINCJL FOR ED(J(’,4TORS ACT. 2000 (3) A majority of the members of the council or a committee constitutes J quorum al any meeting of the council or committee. (4) (a) A decision of the majority of the members of the council or Of a committee present at any meeting constitutes a decision of the council or committee. (b) In the event of an equality of votes, the presiding member has a casting vote in 5 addition to a deliberative vote. (5) A decision taken by the council or a committee is not invalid by reason only of a vacancy on the council or a committee, as the case may be, at the time when the decision was taken. Appointment and functions of chief executive officer and staff 17. (1) The council must appoint a chief executive officer and may appoint other employees as it may deem necessary to assist it in the performance of its functions. (2) The chief executive officer is the accounting officer of the council. (3) The chief executive officer is, subject to the directions and in accordance with the policy of the council, responsible for the— (a) formation and development of an efficient administration; (b) organisation, control, management and discipline of the staff, and (c) implementation of the decisions of the council. (4) As accounting officer the chief executive officer is responsible for— (a) all income and expenditure of the council: (b) all assets and the discharging of all liabilities of the council; and (c) the proper and diligent implementation of the operational plans of the council. (5) The council is the employer and must determine the conditions of service of its employees. Remuneration and allowances of members of council and committees