Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)RegulationsRegulations regarding NHBRC Disciplinary Proceedings2. Disciplinary committee |
| (1) | The Council shall appoint at least three persons to the disciplinary committee for the period determined by the Council, but not exceeding three years at any one time. |
| (2) | The Council may for bona fide reasons or at the request of a member of the committee for his or her removal, remove or substitute members of the committee. |
| (3) | Subject to subregulation (4), the constitution of the committee must remain unaltered for purposes of any proceedings in respect of any particular home builder in terms of section 11(1) of the Act. |
| (4) | Should a vacancy occur on the committee after the committee has commenced with proceedings, the proceedings may continue before the remaining members of the committee: Provided that the committee shall not proceed with less than two members. |
| (5) | If only two members of the committee are present at a meeting, the decision must be unanimous in order to bring out a decision adversely affecting the home builder. |
| (6) | No decision taken by the committee or act performed by it hereunder is invalid merely by reason of a vacancy on the committee. |
| (7) | The committee must meet from time to time and at such places as may be necessary to fulfil its duties. |
| (8) | The quorum of the committee is two members, which must include the chair. |
| (9) | The proceedings before the committee must be recorded. |
| (10) | Any decision of the committee is a decision of the Council and is, subject to section 22(1) and 22(2) of the Act, final. |
| (11) | Subject to subregulation (5), the decision of the majority of the members of the committee constitutes the decision of the committee. |
| (12) | Subject to subregulation (5), the chair has a casting vote in addition to his or her deliberative vote in the event of an equalilty of votes. |