(2) The vice-chairman, when acting as chairman as provided in subsection (1), shall have all the
powers and discharge all the duties of the chairman.
6. Disqualifications, vacation of office, filling of vacancies and declaration of interest.—(1) No
person shall be appointed as a member of the council—
(a)
who is an unrehabilitated insolvent;
(b)
who is disqualified under the Veterinary and Para-Veterinary Professions Act, 1982,
the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, the Health Professions
Act, 1974, or the Pharmacy Act, 1974, from carrying on his or her profession, while so disqualified;
(c)
who is not a South African citizen permanently resident in the Republic; or
(d)
who is employed in the pharmaceutical industry.
(2) A member of the council shall vacate his or her office—
(a)
if he or she is or becomes subject to any disqualification referred to in subsection (1);
(b)
......
[Para. (b) deleted by s. 2 (a) of Act No. 59 of 2002.]
Wording of Sections
(c)
if he or she becomes mentally ill, as defined in the Mental Health Act, 1973 (Act No.
18 of 1973);
(d)
if he or she is convicted of an offence and is sentenced to imprisonment without the
option of a fine;
(e)
if he or she has been absent from more than two consecutive meetings of the council
without the council’s leave; or
(f)
if the Minister is satisfied that the member has violated the internal rules of conduct as
determined by the council and published by notice in the Gazette.
(3) If the office of any member of the council becomes vacant before the expiration of the period for
which he or she was appointed, the Minister may, appoint another person to hold office for the
unexpired portion of the period for which his or her predecessor was appointed.
[Sub-s. (3) substituted by s. 2 (b) of Act No. 59 of 2002.]
Wording of Sections
(4) A member of the council or of a committee appointed in terms of section 9 shall declare his or her
commercial interests related to the pharmaceutical or health care industry, which interests shall include,
but shall not be limited to, any consultancy, paid or unpaid, any research grant from which the member
directly or indirectly benefits, or any equity holding or any executive or non-executive directorship or any
other payment or benefit in kind, and shall recuse himself or herself from any discussion or decisionmaking to which the said interests relate or may relate.
[S. 6 amended by s. 5 of Act No. 65 of 1974, by s. 3 of Act No. 17 of 1979, by s. 46 of Act No. 97 of
1986, by s. 4 of Act No. 94 of 1991 and by s. 1 of Act No. 49 of 1996 and substituted by s. 5 of Act No.
90 of 1997.]
Wording of Sections
7. Meetings of the council.—(1) The first meeting of the council shall be held at a time and place to
be fixed by the Minister, and all subsequent meetings shall, subject to the provisions of subsection (2),
be held at such times and places as may be fixed by the council: Provided that the council shall hold at
least one meeting in any period of three months and, if at the close of any meeting the council has not
fixed the time and place for its next meeting, such time and place shall be fixed by the chairman.
(2) The chairman of the council may at any time call a special meeting of the council to be held at such
time and place as he may determine, and shall, upon a written request by the Minister or a written
request signed by not less than three members of the council, call a special meeting thereof to be held
within thirty days after the date of receipt of such request, at such time and place as he may determine.
[Sub-s. (2) substituted by s. 6 of Act No. 65 of 1974.]
Wording of Sections
8. Quorum, majority decision and chairman’s casting vote.—(1) A majority of all the members of
the council shall form a quorum for any meeting of the council.
(2) At all meetings of the council the chairman, or in his absence the vice-chairman, or in the absence
of both the chairman and the vice-chairman, some other member of the council chosen by the members
present, shall preside.
(3) Save as provided in section thirty-six, the decision of a majority of the members of the council
present at any meeting thereof shall constitute a decision of the council, and in the event of an equality
of votes in regard to any matter, the person presiding at the meeting in question shall have a casting
vote in addition to his deliberative vote.
(4) No decision or act done under the authority of the council shall be invalid by reason only of an
interim vacancy on the council or of the fact that a person who is disqualified from being a member of
the council, or with respect to whose appointment the provisions of this Act have not been observed, sat
or acted as a member at the time when the decision was taken or the act was performed or authorized,
if the decision was taken or the act was performed or authorized by the requisite majority of the
members of the council present at the time who were entitled to sit and act as members.