Nursing Act, 2005 (Act No. 33 of 2005)Chapter 1 : South African Nursing Council5. Composition and dissolution of Council |
| (1) |
| (a) | The Council consists of not more than 25 members, of whom 14 must be registered in terms of section 31(1)(a) and (b), appointed by the Minister taking into account their expertise in nursing education, nursing, community health, primary health care, occupational health and mental health. |
| (b) | Of the 25 members— |
| (i) | one person must be an officer of the national department; |
| (ii) | one person must have special knowledge of the law; |
| (iii) | one person must have special knowledge of financial matters; |
| (iv) | one person must have special knowledge of pharmacy; |
| (v) | one person must have special knowledge of education; |
| (vi) | one person must have knowledge of consumer affairs; |
| (vii) | three persons must represent communities; |
| (viii) | one person must be registered in terms of section 31(1)(c); and |
| (ix) | one person must be registered in terms of section 31(1)(d). |
| (2) |
| (a) | The members must be appointed by the Minister on the basis of nominations made by interested parties, after publication of a notice in the Gazette inviting nominations for new members. |
| (b) | If the Minister receives no nomination or an insufficient number of nominations within the period specified in the invitation, the Minister may appoint the required number of persons who qualify to be appointed in terms of subsection (1). |
| (3) | A member holds office for a period not exceeding five years reckoned from the date of his or her appointment. |
| (4) | The names of the members of the Council, the dates of commencement of their terms of office and the periods for which they have been appointed must be published by the Minister by notice in the Gazette as soon as possible after their appointment. |
| (5) | The Minister may reappoint a member whose term of office has expired, for one further period not exceeding five years. |
| (6) | Each member must, on assumption of office, sign an undertaking to abide by the provisions of this Act and the codes. |
| (7) |
| (a) | The Minister may dissolve the Council if the Council fails to comply with any of the provisions of this Act. |
| (b) | All the functions of the Council are vested in the Minister until a new Council is appointed. |
| (8) |
| (a) | The Minister may at any time request copies of the records, including minutes of meetings and financial statements, of the Council in order to ascertain the extent of the Council's compliance with this Act and any codes. |
| (b) | The Registrar must furnish copies of all such records within 15 days of the date of the Minister's written request. |
| (9) | The Minister may appoint one or more persons to investigate the affairs of the Council and to prepare a report after such investigation if there is a reasonable suspicion that the Council is failing to comply with this Act or any code. |