Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 14 : Child and Youth Care Centres (Sections 191-212 of the Act)84. Appointment of management board |
| (1) | If a child and youth care centre is established and operated by a department, a provincial department of social development, or municipality in terms of section 197 of the Act, the management board must be appointed according to the following procedure: |
| (a) | a call for nominations for members of the board must be advertised by the Minister, MEC or the Mayor in a local newspaper in the area where the child and youth care centre is situated, and must be published in at least three official languages; |
| (b) | any person may be nominated, provided that the nomination is made in writing and is accompanied by a curriculum vitae of the nominee, as well as a letter indicating that he or she agrees to the nomination; |
| (c) | Upon receipt of the nominations a short list of candidates of not more candidates must be submitted to the Minister, MEC or the Mayor; |
| (d) | the Minister, MEC or the Mayor must, from the list referred to in paragraph (c), and subject to sub-regulation (4) and paragraphs (e) to (g), appoint the following: |
| (i) | not more than two from the public service; |
| (ii) | not more than three from the community in which child and youth care centre is situated; |
| (iii) | one member from the health profession; |
| (iv) | one member of staff; |
| (v) | one member who is a representative of residents of the child and youth care centre; and |
| (vi) | the manager of the child and youth care centre; |
| (e) | no person with a conflict of interests, or a potential conflict of interests may be appointed to a management board; |
| (f) | subject to paragraph (g), a board is appointed for a period of five years; and |
| (g) | in order to allow for effective leadership transition, the Minister, MEC or the Mayor may extend the period of membership of any four members appointed by him or her, for a second five year period. |
| (2) | If a child and youth care centre is a privately operated child and youth care centre, the management board must be appointed by the registration holder in terms of the same procedure as contemplated in sub-regulation (1) and subject to the provisions of sub-regulations (3) and (4). |
| (3) | The registration holder may, instead of persons referred to in sub-regulation (1)(d)(i), appoint any other person that he or she deems appropriate. |
| (4) | No person who has not submitted a clearance certificate, to the effect that his or her name does not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders, issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively, may be appointed to a management board. |
| (5) | Any vacancy on a management board must be filled in the same manner in which the member who vacates that office was appointed, provided that any member so appointed shall hold office for the unexpired portion of the period for which the member whose office became vacant was appointed. |
| (6) | A member of a management board must vacate office if— |
| (a) | at any stage, he or she ceases to comply with the provisions of subregulation (1)(d), (3) or (4); |
| (b) | he or she resigns after giving at least 30 days notice in writing to the chairperson, Minister, MEC Mayor or registration holder referred to in section 208(2)(b) of the Act, whichever is appropriate; or |
| (c) | in the case of a chairperson, he or she resigns by way of a letter to the Minister, MEC or Mayor in respect of a board constituted in terms of section 208(2)(a) of the Act or to the registration holder, in respect of a board constituted in terms of section 208(2)(b) of the Act; |