Nursing Act, 2005 (Act No. 33 of 2005)Chapter 1 : South African Nursing Council10. Chairperson and vice-chairperson of Council |
| (1) |
| (a) | The Minister, after consultation with the Council, must appoint one of the members of the Council appointed in terms of section 5(1)(a) as chairperson of the Council. |
| (b) | At the first meeting of the Council the members must elect a vice-chairperson from the categories mentioned in section 31(1)(a) and (b). |
| (c) | The Minister may withdraw a member’s appointment as chairperson or vice-chairperson if it is in the public interest or if the member is for any reason unable to perform or incapable of performing his or her functions as chairperson for a period exceeding three months. |
| (2) | The chairperson and vice-chairperson must hold office for the duration of the term of office for which he or she has been appointed as a member of the Council unless the chairperson or vice-chairperson resigns or ceases to be a member of the Council prior to the expiry of his or her term of office as a member or is removed from office by the Minister in terms of section 8. |
| (3) | In the absence of the chairperson or in the event that the chairperson is for any reason unable to act as chairperson, the vice-chairperson, subject to the provisions of subsection (1), has the authority to perform all the functions and exercise all the powers of the chairperson. |
| (4) | If both the chairperson and the vice-chairperson are absent from any meeting, the members present must elect one of their number to preside at that meeting and, until the chairperson or vice-chairperson resumes duty, to perform all the functions and exercise all the powers of the chairperson. |
| (5) | If the office of the chairperson becomes vacant, the Minister must appoint as chairperson, at his or her discretion, a person from among the remaining members of the Council, or any other person in terms of section 5(1) and (2), and the person so appointed must hold office for the unexpired portion of the period for which his or her predecessor was appointed. |
| (6) | If the office of the vice-chairperson becomes vacant, the members must, at the first meeting after such vacancy occurs or as soon thereafter as may be convenient, elect from among themselves a new vice-chairperson and the member so elected must hold office for the unexpired portion of the period for which his or her predecessor was appointed. |
| (7) | The chairperson or vice-chairperson may vacate office as such without terminating his or her membership of the Council and if such vacation occurs, the Minister must appoint a new chairperson from amongst the members of the Council in terms of subsection (1). |