SOUTH AFRICAN
DENTAL TECHNICIANS
BILL 2014
FOR INTERNAL DISCUSSION ONLY
SADTC BILL
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SOUTH AFRICAN DENTAL TECHNICIANS BILL, 2014
BILL
To provide for the establishment of the Dental Technicians Council, to provide for the profession of
Dental Technology; and to provide for matters incidental thereto.
PREAMBLE
WHEREAS A review and the re-positioning of the South African Dental Technicians Council in line with best
practice and in alignment with the Department’s strategies and programmes has become imperative;
WHEREAS such repositioning is primarily in pursuit of the wellbeing and best practice in oral health for the
people of South Africa;
WHEREAS there is recognition that the South African Dental Technicians Council has to firmly regulate the
Dental Technology profession and practices pursuance of the protection of the public;
WHEREAS the development of local skilled professionals against international benchmarking has to be druven
through legislative injunction;
WHEREAS the South African Dental Technicians Council has to be at the forefront of the development a
professional environment that enables access to the profession;
AND WHEREAS there is recognition that a repositioned South African Dental Technicians Council is a
response to challenges facing the Dental Technology profession overall;
NOW THEREFORE BE IT ENACTED by the National Legislature as follows:Definitions
1. In this Act, unless the context otherwise indicates“Act” means the South African Dental Technicians Act, and includes its Regulations.
“Council” means the entity called the South African Dental Technicians Council referred to in section …
of this Act.
“Committee” mean the Committees of the as contemplated by section ….. of this Act.
“Community” means any group of persons or part of such group that share a common interest and who
regard themselves as such.
“Constitution” means the Constitution of South Africa Act No. 108 of 1996
“Council” means a juristic person called the South African Dental Technicians Council as contemplated
by section 2 of the Act.
“Department” means National Department of Health, which is the responsible Department for the
National Health Portfolio.
“Due Process” means a fundamental, constitutional guarantee that all proceedings will be fair and that one
will be given notice of the proceedings and an opportunity to be heard before a decision is taken.
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“Executive Committee of Council” means the Executive Committee of the Governing Board as
contemplated by section 5 of the Act.
“Financial Year” means the period commencing the first day of Aril in any year and ending on the last
day of March of the ensuing year.
“Governing Board” means the Board as contemplated by section 5 of the Act.
“Government” means the South African National Government.
“Non-executive” means members of the Governing Board that are not employees of the Council.
“Previously-disadvantaged individuals” means person who were previously-disadvantaged by unfair
discrimination and who in terms of section 9(2) of the Constitution may be protected and advanced to
achieve equality and, for the purposes of this Act, includes the following designated groups:
(a) Males of African, Coloured and Asian descent;
(b) Females, irrespective of descent; and
(c) Persons with disabilities, irrespective of descent.
“Province” means the Provinces as contemplated by section 103 of the Constitution.
“Registrar” means the Chief Executive Officer of the Council appointed in terms of section ….. including
one appointed in an interim or acting capacity.
“Repealed law” means the South African Dental Technicians Act No.19 0f 1979 as amended.
“Republic” means the Republic of South Africa as referred to in section 1 of the Constitution.
“Responsible Minister” means the National Minister responsible for the Health Portfolio.
“Sector” means a health sector contemplated by this Act.
“Stakeholder” means an organisation, body or person with direct or continuing interest in the sector
contemplated by this Act.
CHAPTER 1
ESTABLISHMENT, OBJECTS, POWERS, FUNCTIONS, GOVERNANCE MATTERS (GOVERNING
BOARD AND COMMITTEES AND MATTERS RELATED THERETO)
Establishment
2.
There is hereby established a juristic person known as the South African Dental Technicians Council.
Objects of the Council
3.
(1) The objects of the Council are to(a) assist in the promotion of the Dental Technologist profession in the Republic;
(b) control all matters relating to the education and training of dental technicians or dental
technologists and the exercising of the practices in the supplying, making, altering or repairing of
artificial dentures or other dental appliances or any other work pertaining to such dentures or
appliances;
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(c)
promote liaison of the education and training, and the manner of the exercise of the practices,
referred to in paragraph (b), both in the Republic and elsewhere, and to promote the standards of
such education and training and the manner of the exercise of such practices in the Republic;
(d) promote good relations between dentists, clinical dental technologists, dental technicians and
dental technologists and other supplementary dental health services personnel;
(e) advise the Minister on any matter falling within the scope of this Act;
(f) communicate to the Minister information on matters of public importance acquired by the council
in the course of the performance of its functions under this Act; and
(g) any other matter which in Council’s view, and after the Minister’s concurrence, is necessary for
the effective functioning and performance of the Council.
(2) The Council shall, in attaining its objects, take due cognizance of the Responsible Minister’s strategic
intent, objectives and priorities.
(3) In achieving its objects, the Council shall endeavour to progressively increase its own revenue
generation and collection and asset base.
General Powers and functions of Council
4.
(1) The general powers and functions of Council shall, for purposes of the proper exercise and
performance of its powers, functions and duties in terms of this Act but subject to section 3 of the
Act, the Constitution and any national other legislation applicable to it presently or in future, be to(a) sue and being sued;
(b) purchase or otherwise acquire, hire or dispose of, hold and alienate movable and immovable
property and acquire real or other rights thereto or ay interest therein;
(c) enter into contracts an agreements;
(d) cause to be printed and published copies of the registers or of supplementary lists showing all
alterations to the registers;
(e) make extracts from the registers upon payment of the prescribed fees;
(f) in accordance with the provisions of this Act, remove any name from a register or, upon
payment of the prescribed fee, restore such name thereto;
(g) appoint examiners and moderators, conduct examinations and award certificates, and charge the
prescribed fees in respect of such examinations and the issue of such certificates;
(h) approve training institutions in accordance with the prescribed conditions, inspect such
institutions, and withdraw or suspend the approval of any such institution if the education or
training provided at such institution is, in the opinion of the Council, not satisfactory, or if any
condition imposed in respect of the approval of such institution is not complied with:
PROVIDED that the Council shall not without the consent of the Responsible Minister refuse to
approve any such institution, or withdraw or suspend the approval thereof;
(i) charge the prescribed fees in respect of any inspection it may deem necessary to enable it to
consider any application for the approval of a training institution or the registration of a dental
laboratory or any variation of a condition imposed in respect of an approved institution or a
dental laboratory;
(j) borrow money on the security of the assets of the Council, accept any donation or accept and
administer any trust;
(k) consider any matter affecting dental technology, and make representations or take such action in
connection therewith as the council may deem necessary;
(l) conduct or arrange courses for the supplementary training of dental technicians or dental
technologists and render financial assistance in respect of such courses
(m) in consultation with the Department, actively plan, promote, market and coordinate and position
the Council; and
(n) do and perform such other things and such other acts as juristic persons by law may do and
perform, subject to the provisions of this Act.
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(2) The Council shall, in exercising and performing its powers and functions in terms of subsection 1,
shall do so for the benefit of all the people of the Republic, and shall, where necessary, liaise and
consult with all the relevant stakeholders including but not limited to(a) individuals and communities;
(b) organised sectors;
(c) voluntary associations;
(d) organs of state as contemplated by section 239 of the Constitution;
(e) statutory bodies;
(f) organised labour;
(g) organised business; and
(h) any other stakeholder not listed herein but deemed relevant by Council.
The Governing Board
5.
(1) From and after the commencement of this Act and subject to the provisions thereof, the Council shall
be controlled and represented by a Governing Board as herein provided;
(2) The Governing Board shall exercise and perform the powers and functions conferred or imposed upon
it by this Act or by any other law, and all acts of the Governing Board shall be deemed to the acts of
the Council.
(3) The Governing Board shall consist of the following Members, appointed by the Minister, taking into
account, inter alia, the principles of transparency and representivity, gender and skills –
(a) the Director of Oral Health: Department of Health;
(b) five persons appointed by the Minister, of whom(i) one shall be a Dentist attached to a University having a dental faculty;
(ii) one shall be a Registered Dental Technician or a Dental Technologist attached to an
institution at which Dental Technicians or Dental Technologists are educated and trained;
and
(iii) three shall be members of the public who shall be appointed after calling through the
media for nominations by the public and who are not registered in terms of this Act or any
other Act, of whom at least one shall be appointed on account of his or her knowledge of
the law;
(c) Two Dental Technician contractors nominated and elected by dental technician contractors in the
prescribed manner;
(d) Two registered and practicing Dental Technicians or Dental Technologists who are employees in
the Dental Technicians or Dental Technologists, as the case may be, and who are nominated and
elected in the prescribed manner by registered and practicing Dental Technicians or Dental
Technologists, as the case may be, thus practising that profession; and
(e) one Dentist nominated and elected by Dentists in the prescribed manner.
(4) The Governing Board shall, in respect of the exercise and performance of its powers and functions,
including corporate governance, be accountable only to the Responsible Minister.
(5) The Registrar of Council shall be Member of the Governing Board and subject to the same duties and
responsibilities of the Governing Board, and shall be entitled to vote at Governing Board meetings.
(6) With the exception of the Registrar, all Members of the Governing Board shall be non-executive.
(7) All Members of the Governing Board shall be subject to security vetting and clearance as well as and
probity checks by the Council either prior to, during or after their appointment as Governance Board
Members.
(8) Subject to the provisions of section … a member of the Governing Board shall hold office for a period
of three years, but shall be eligible for re-appointment or re-election, as the case may be, for one
further period of three years.
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(9) If the persons referred to in subsection 1 (c), (d) or (e) as the case may be, fail to elect a member under
those subsections, the Minister shall designate a person as a member, and a person so designated shall
be deemed to have been elected in terms of the paragraph in question.
(10) The Registrar shall make known by Notice in the Gazette the appointment or election of any member
of the Governing Board, including the date of such appointment or election and the period for which
the member has been appointed or elected.
Office Bearers
6.
(1) At the first meeting of every newly constituted Governing Board the members of the Governing Board
shall elect a President and Vice-President among the members of the Governing Board.
(2) The President and Vice-President shall hold office during the terms of the office of the members of the
Governing Board, unless the President and Vice-President resigns or ceases to be a member of the
Governing Board.
(3) The Vice-President may, if the President is absent or is for any reason unable to act as President,
perform the functions and exercise the powers of the President..
(4) In the event that both the President and Vice-President are absent from any meeting, the members
present shall elect one of their number to preside at that meeting, and the person so presiding may at
such meeting during such absence perform the functions and exercise the powers of the President.
(5) In the event that both the President and Vice-President have been granted leave of absence, the
members of the Governing Board shall elect one of them members, or, if the Governing Board is not in
session, the Executive Committee shall designate a member of the Governing Board, to act as President
during such absence.
(6) If the office of President and Vice-President becomes vacant, the members of the Governing Board
shall at the first meeting after such vacancy has occurred, elect from among their number a new
President and/or Vice-president, as the case may be, and the member so elected shall hold office for the
unexpired portion of the period of office of his or her predecessor.
(7) The President and Vice-President may vacate his or her office without terminating his or her
membership of the the Governing Board.
Disqualification, vacation of office and filling of vacancies
7.
(1) No person shall be elected or appointed as a member of the Governing Board(a)
who is an unrehabilitated insolvent;
(b)
who in terms of this Act or any other Act, is disqualified from practising his or her profession;
and
(c)
who is not a South African citizen permanently resident in the Republic;
(2) A member of the Governing Board shall vacate his or her office if(a)
he or she becomes subject to any disqualification referred to in subsection (1);
(b)
he or she ceases to hold any qualification necessary for his or her appointment;
(c)
he or she has been absent from more than two consecutive ordinary meetings of Governing
Board without prior written apology;
(d)
(i)
being an elected member, he or she tenders his or her
resignation in writing to the Registrar; or
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(ii)
being a member appointed or designated by the Minister,
he or she tenders his or her resignation in writing to the Minister and the Minister
accepts his or her resignation;
(e)
he or she becomes a patient or a State patient as defined in section 1 of the Mental
Health Act, 1973 (Act 18 of 1973);
(f)
he or she is convicted of an offence, whether in the Republic or elsewhere;
(g)
the Minister in the public interest terminates his or her membership.
(3) Any vacancy on the Governing Board arising from a circumstance referred to in subsection (2) and
every vacancy caused by the death of a member, shall be filled by appointment or election, as the case
may be, by the person or body by whom and in the manner in which the vacating member was
required to be appointed or elected, and every member so appointed or elected shall hold office for
the unexpired portion of the period of office of the vacating member.
Meetings of the Governing Board
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(1) The Governing Board shall meet at the times and places determined by it , but shall meet at least four
times in every year.
(2) The President may(a) at any time convene a special meeting of the Governing Board, to be held on such date and at such
place as he or she may determine, and he or she shall, upon a written request by the Minister or a
written request signed by at least six members of the Governing Board, convene a special meeting,
to be held within thirty days after the date of receipt of the request, on such date and at such place as
he or she may determine; and
(b) such written request shall state clearly the purpose for which the meeting is to be convened.
Quorum and Meeting Procedures
9.
(1) A majority of the members shall constitute a quorum at any meeting of the Governing Board.
(2) A decision of the majority of the members of the Governing Board present at any meeting shall, subject
to the provisions of paragraph (b) constitute a decision of the Governing Board.
(3) In the event of an equality of votes the member presiding at the meeting in question shall, in addition to
his or her deliberative vote, also have a casting vote.
(4) No decision taken by the Governing Board or act performed under the authority of the Governing
Board shall be invalid by reason only of a casual vacancy on the Governing Board or of the fact that a
person who was not entitled to sit as a member of the Governing Board sat as a member when the
decision was taken or the act was authorized, if the decision was taken or the act was authorized by the
requisite majority of the members of the Governing Board who were present at the time and entitled to
sit as members.
Committees of the Governing Board
10. (1) The Committees of the Governing Board shall be established by the Governing Board having due
regard to the objects of the Council.
(2) The Governing Board shall establish the following Committees(a) executive committee
(b) disciplinary committee;
(c) audit and risk committee;
(d) education committee;
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(e) finance and human resources committee;
(f) tariff committee; and
(g) any other Committee which the Governance Board deems necessary for the effective functioning
of the Governing Board and Council.
(3) The Members of the Committees of the Governing Board shall be appointed by the Governing Board.
(4) The Governing Board shall have the power to co-opt other persons to the Committees of the
Governing Board for purposes of assisting the Committees with the due and proper exercise and
performance of any of the Committees’ powers and functions, PROVIDED that co-opted Members
serving on Committees serve in an advisory capacity only, and may not vote at any Committee
meeting of which they are Members.
(5) The Governing Board shall have the power to dissolve, extend or reduce the Committees so
established.
(6) All Committees of the Governing Board must have the majority of its Membership from nonexecutive members of the Governing Board.
(7) Governing Board Committees shall appoint their own Chairpersons.
(8) Every Committee shall function in terms of the Terms of Reference approved by the Governing
Board.
(9) Every Committee of the Governing Board shall consist of not fewer than three(3) Members
designated by the Governing Board to each Committee as being suitable and appropriately qualified
or experienced regarding the matters relating to the functions of each Committee.
(10) No Committee of the Governing Board shall have the power to delegate its powers and/or functions.
(11) A Member of a Committee of the Governing Board may by Notice be removed by the Governing
Board on account of(a) rotation;
(b) misconduct or incompetency;
(c) disqualification or ineligibility to become a Member of the Committee; and
(d) absence from a Committee meeting for two consecutive meetings without a valid reason and/or
without tendering a formal, written apology to the Governing Board Secretary and, in the event
of absence due to medical reasons, failure to submit a valid medical certificate.
(12) Removal of a Member shall be preceded by due process determined by the Board.
(13) A Notice contemplated in sub-section (12) shall be in writing, and shall state the reasons for the
removal of a Member from a Board Committee.
(14) The provisions of sections 7, 8 and 9 of this Act shall to an extend apossible, have equal application
to members of the Committees contemplated by this section.
Committee Governance
11. (1) The Executive Committee shall(a) consist of the President, the Vice-President, the Treasurer and such other members of the
Governing Board as the council may designate which additional members shall not exceed three
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members, of whom at least one shall be a Dentist, one shall be a Dental Technician or a Dental
Technologist, and one shall be a member with a legal background;
(b) the Executive Committee shall, subject to the directions of the Governing Board, and during
periods between meetings of the Governing Board, exercise all the powers, other than the
powers of the Governing Board in respect of disciplinary matters as contemplated by Chapter….
of the Act, and perform all the functions of the Governing Board, but shall not have the power,
except in so far as the Governing Board otherwise directs, to set aside, vary or amend any
decision or resolution of the Governing Board, and any act performed or decision taken by the
Executive Committee shall be of force and effect unless it is set aside or amended by the
Governing Board at its next ensuing meeting; and
(c) where deemed necessary by the Executive Committee, it may establish ad hoc sub-committees
to carry out its functions. Such ad hoc committees must have clear terms of reference outlining
their scope, reporting framework and duration.
(2) Disciplinary Committee shall(a) consist of such number of persons, appointed by the Governing Board, as the Governing Board
may determine, but which shall not exceed five, and shall include at least two members of the
Governing Board, one of whom shall be the Chairperson and the other the Vice-Chairperson of
the Committee;
(b) the key mandate of the Disciplinary Committee shall be as prescribed in its Terms of Reference
approved by the Governing Board, but shall include the investigation of improper conduct by
registered persons and report to the Governing Board on any complaint, charge or allegation
referred to in section …;
(c) the Disciplinary Committee shall draw a Code of Conduct for the registered members of the
profession, which Coe of Conduct shall only become effective upon approval by the Governing
Board;
(d) where deemed necessary by the Disciplinary Committee, it may, subject to approval by the
Governing Board, establish ad hoc sub-committees to carry out its functions. Such ad hoc
committees must have clear terms of reference outlining their scope, reporting framework and
duration.
(3) Audit and Risk Committee shall(a) consist of such number of persons, appointed by the Governing Board, as the Governing Board
may determine, but which shall include not exceed five, and at least two members of which shall
be the members of the Governing Board, one of whom shall be the Vice-Chairperson of the
Committee. The Governing Board should endeavor to have the Audit and Risk Committee
chaired by an Auditor or Accountant;
(b) the key mandate of the Risk and Audit Committee shall be as prescribed in its Terms of
Reference approved by the Governing Board, but shall include its oversight role on all matters
related to governance, risk internal and external audit functions of Council; and
(c) where deemed necessary by the Audit and Risk Committee, it may, subject to approval by the
Governing Board or the Executive Committee, establish ad hoc sub-committees to carry out its
functions. Such ad hoc committees must have clear terms of reference outlining their scope,
reporting framework and duration.
(4)
Education Committee shall(a) consist of such number of persons, appointed by the Governing Board, as the Governing Board
may determine but which shall not exceed three members, and which shall include at least one
member of the Governing Board who shall be the Chairperson of that Committee, and at least
one representative of each institution where Dental Technicians or Dental Technologists are
trained;
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(b) the key mandate of the Education Committee shall be as prescribed in its Terms of Reference
approved by the Governing Board, but shall include a facilitating and advisory role to the
Governing Board on all education and accreditation -related matters as contemplated by this
Act; and
(c) where deemed necessary by the Audit and Risk Committee, it may, subject to approval by the
Governing Board or the Executive Committee, establish ad hoc sub-committees to carry out its
functions. Such ad hoc committees must have clear terms of reference outlining their scope,
reporting framework and duration.
(5)
Finance and Human Resources Committee shall:
(a) consist of such number of persons, appointed by the Governing Board, as the Governing Board
may determine but which shall not exceed three members, and which shall include at least one
member of the Governing Board: the President of Council, who shall be the Chairperson of that
Committee;
(b) the key mandate of the Finance and Staff Committee shall be as prescribed in its Terms of
Reference approved by the Governing Board, but shall include the investigation and
determination of conditions of employment of Council employees, review and recommend
Governance Board and Committee honorarium and travel rates, as well as the preparation of
Council budget for consideration and approval by the Audit and Risk Committee. Its mandate
shall further include Council’s monitoring and evaluation role of the conditions of employment
of Dental Technicians and Dental Technologists (except those that are in the employment of the
State or a provincial administration); and
(c) where deemed necessary by the Finance and Human Resources Committee, it may, subject to
approval by the Governing Board or the Executive Committee, establish ad hoc sub-committees
to carry out its functions. Such ad hoc committees must have clear terms of reference outlining
their scope, reporting framework and duration.
(6)
Tariff Committee shall(a) consist of such number of persons, appointed by the Governing Board, as the Governing Board
may determine but which shall not exceed three members, and which shall include at least one
member of the Governing Board: the President of Council, who shall be the Chairperson of that
Committee;
(b) the key mandate of the Tariff Committee shall be as prescribed in its Terms of Reference
approved by the Governing Board, but shall include the investigation and determination of the
tariff of fees payable to a Dental Technician contractor for work done as a Dental Technician or
a Dental Technologist; and
(c) where deemed necessary by the Tariff Committee, it may, subject to approval by the Governing
Board or the Executive Committee, establish such ad hoc sub-committees as it deems necessary
to carry out its functions. Such ad hoc committees must have clear terms of reference outlining
their scope, reporting framework and duration.
Conflict of Interest
12. (1) Every Member of the Governing Board or its Committees shall declare a conflict of interest they may
have in relation to any matter before or not before the Board, which relates to the Agency.
(2) No Member of the Governing Board or its Committees must engage in any activity that may have the
effect of undermining the integrity Governing Board or Council.
(3) No Member of the Governing Board or its Committees must(a) attend, participate in and/or influence the proceedings of the Governing Board or its Committees
if, in relation to a matter before the Governing Board or any of its Committees, that Member has
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an interest that precludes that Member from performing the duties of the Governing Board or its
Committees in a fair, unbiased, objective and proper manner;
(b) vote in any meetings of the Governing Board or its Committees on any matter contemplated by
subsection (a);
(c) make private use or profit from, any confidential or other information obtained solely by virtue
of being a Member of the Governing Board or its Committees; or
(d) divulge any information referred to in sub-section (c) to any third party, except as required as
part of that Governing Board or Committee Member’s functions as a Member of the Governing
Board or its Committees.
(e) Any Member of the Governing Board or its Committees found to have breached the provisions
of this section shall be reported by the Governing Board or the relevant Committee as the case
may be, to the Governing Board or the Minister, as the case may be, with recommendations.
The Registrar
13. (1) Subject to any other applicable legislation, the Registrar shall be appointed by the Governing Board in
consultation with the Minister.
(2) The procedure to be followed by the Governing Board in the appointment of the Registrar shall always
be in accordance with the principles of transparency and consultation.
(3) The Registrar shall be a person that(a) is suitable in view of his/her professional, technical, administrative, special and other
qualifications and qualities, expertise and experience; and
(b) is not disqualified in terms of this Act from becoming an Employee of Council.
(4) Subject to sub section (1), the Governing Board may appoint such other persons as it may deem
necessary for carrying the functions of a Registrar.
(5) The Registrar shall, in addition to being an Chief Executive Officer of Council, be subject to the control
and authority of the Governing Board.
(6) The Registrar shall be appointed for such period and, subject to sub-section (b), on such terms and
conditions as the Governing Board may determine, PROVIDED that(a) the Registrar may be so appointed for a period not less than three(3) but not exceeding five(5)
years;
(b) the remuneration, allowances and benefits of the Registrar shall be determined by the Governing
Board; and
(c) disciplinary matters related to the Chief Executive Officer shall be the responsibility of the
Governing Board, subject to consultation with the Responsible Minister.
(7) The Registrar shall not be permitted to perform any other remunerative work without the prior written
approval of the Governing Board.
(8) The Registrar shall, in the event of his/her decision to resign from the Council, tender a two months’
resignation notice to the Governing Board.
(9) Governing Board may, subject to the provisions of this section and the labour legislation within the
Republic, and subject to the approval of the Minister, institute processes relating to the removal of the
Registrar from office on account of, but not limited to (a) misconduct;
(b) poor performance for reasons other than incapacity;
(c) poor performance for reason of incapacity
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(d) unfitness to hold office;
(e) permanent infirmity of mind or body which render the Registrar incapable of discharging his or
her duties.
(10) The powers of the Governing Board as contemplated in subsection 9 one includes the precautionary
suspension of the Registrar.
(11) Any action against the Registrar by the Governing Board shall be subject to due process and
principles of fairness.
(12) Whenever the position of the Registrar is vacant or the Registrar is absent from work on account of
work, suspension, incapacitation or failure to perform his/her duties(a) the powers, rights and functions of the Registrar shall be exercised by any person designated by
the Governing Board as Acting the Registrar: PROVIDED such a person so designated shall not
act in that position for a period exceeding six (6) months from the date of appointment; and
(b) the vacancy or absence contemplated in sub-section (a) is remedied by the Governing Board
within a period not exceeding (6) months from the date of the vacancy or absence.
(c) The appointment of Council personnel shall be the responsibility of the Registrar in consultation
with the Finance and Human Resources Committee and approval of the Governing Board on
recommendation by the Registrar and the Finance and Human Resources Committee.
(13) The Registrar shall act as Secretary to the Council. This shall include the designation of a qualified
and experienced employee by the Registrar to carry out this function.
Other Council Personnel
14. (1) The appointment of Council personnel shall be the responsibility of the Registrar in consultation with the
Finance and Human Resources Committee and approval of the Governing Board on recommendation by
the Registrar and the Finance and Human Resources Committee.
(2) Remuneration, Human Resources and Disciplinary matters related to other Council personnel shall be a
management function administered and managed by the Registrar through internal policies and
procedures, subject to the consideration and recommendation by the Finance and Human Resources
Committee and approval by the Governing Board.
Delegation of Powers
15. (1) Subject to the provisions of this Act and any other legislation, the Governing Board may in writing
delegate any of powers or functions conferred upon or imposed upon it by this Act.
(2) The Delegations under sub-section (1) does not absolve the Governing Board from full responsibility of
the powers and functions conferred.
(3) The Delegations under sub-section (1) shall not prevent the Governing Board from exercising the powers
and functions delegated as and when the Governing Board deems fit.
CHAPTER ??
FUNDING, BANKING, PROCUREMENT
Funding of the Council
16. (1) Subject to the provisions of this Act and any other Act applicable to Council, the Agency may be
funded from(a) income generated by the Council from its registered members’ registration fees, its balance
sheet, investments and reserves, fees, charges and monies payable to Council in respect of
services rendered or supplied by the Council;
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(b) loans; and
(c) all other funds accruing from the Agency from any other source including but not limited to:
rent, donations, grants and bequests received from the public, PROVIDED that(i) all conditional donations, grants and bequests shall be accepted by the Governing Board
only after it had obtained prior written approval from the Responsible Minister.
(2) All registration and examination fees and any other fees payable under this Act, shall be paid to the
Council and shall constitute its funds, and the Council shall utilize its funds for defraying expenses
incurred in connection with the performance of its functions.
Banking Accounts
17. (1) The Governing Board shall open and maintain an account to be known as the South African Dental
Technicians Council with a registered banking institution, into which account shall be deposited all the
monies received by the Council.
(2) All cheques and other negotiable instruments drawn on behalf of the Council shall be co-signed by the
Registrar and the Chief Financial Officer. An additional senior Employee specifically authorised by the
Governing Board for that purpose shall be appointed by the Governing Board to, in the event that either
the Registrar or Chief Financial Officer are unavailable to co-sign, substitute one of them as a cosignatory.
(3) Any surplus funds which at the end of any financial year are recorded in the Council’s bank account
and funds not required for immediate use shall, subject to the approval of the Governing Board, be
invested and may establish such reserve funds, and deposit therein such amounts, as it may deem
necessary or expedient.
Procurement by Council
18. The Governing Board shall ensure that the procurement of any supply or service, the hiring, letting,
acquisition or granting of any right in respect of procurement of any supply or service, the hiring, letting or
acquisition of any asset for or on behalf of the Council, such procurement or related activity is in
accordance with the provisions of an approved Governance Board-approved supply chain or procurement
policy and procedures.
CHAPTER
GENERAL AND SUPPLEMENTARY PROVISIONS [POSSIBLY LAST CHAPTER]
Prohibition of the use of the name of the South African Dental Technicians Council
19. No person, company or association may carry on business under the name that is the same, similar or that
which closely resembles that of the Council and which is reasonably likely to deceive.
20. Regulations
(1) The Responsible Minister may, in consultation with the Governing Board, make Regulations not
inconsistent with this Act, in relation to(a) any matter which is prescribed in terms of this Act;
(b) any matter necessary to be prescribed for the purposes of due and effective administration and
execution of this Act and of ensuring that its objects are attained;
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(c)
any matter relating to the exercise and performance of the powers, functions and duties of the
Agency;
(d) any matter pertaining to the Governing Board;
(e) any fee or tariff payable in terms of this Act; and
(f) any other matter in respect of which it is necessary or expedient to make Regulations in order to
achieve the objects of this Act, PROVIDED that any Regulations with financial implications
may only be made with the concurrence of the Responsible Minister and the Minister of
Finance.
(2) All Regulations shall be preceded by the circulation of the Draft Regulations for public comment in
the Provincial Gazette.
(3) A Regulation made in terms of sub-section (1) may provide for a penalty payable for a contravention
thereof or failure to comply therewith.
21. Offices of the Council and the execution of documents of the Council
(1) The Council shall have its Head Office at Pretoria and may open branch offices in other parts of the
country and whenever it becomes necessary and expedient, PROVIDED that, such is done with the
permission of the Responsible Minister.
(2) The Registrar may, in his or her discretion but subject to the provisions of this Act, execute or
prepare, and sign, any such notice, document or instrument as may be necessary or expedient for the
everyday administration and affairs of the Agency.
Liquidation of the Council
22. Council shall not be liquidated except by or under the authority of an Act of Parliament.
23. Transitional Provisions
(1) All transactions, contracts, proceedings, matters or acts which, after the date of commencement of this
Act but prior to the date of promulgation thereof in the Gazette were concluded, brought, performance
or done in pursuit or furtherance of the objects of the Council or the carrying of its business and
operations in accordance with the provisions of a repealed law, shall be deemed to have been lawfully
concluded, brought, performed or done in accordance with the provisions of this Act.
(2) The Governing Board appointed in terms of a repealed law and in existence as at the date of the
commencement of this Act, shall continue to be the Governing Board of Council until such time that
the Responsible Member appoints a new Governing Board in terms of section 5 of this Act, in which
event the first -mentioned Governance Board shall, notwithstanding any provision in any law to the
contrary, be dissolved from the date of appointment of the new Governing Board.
(3) Personnel employed by the Council shall, notwithstanding any provision of any law to the contrary,
continue to be personnel of the Council from the date of coming into operation of this Act.
(4) The Responsible Minister may, for a period not exceeding twelve (12) months after the coming into
operation of this Act, second any officer on the establishment of the Department to the Council to be
of assistance in the implementation of this Act.
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(5) All assets of the Council prior to the coming into effect of this Act shall remain the assets of the
Agency until disposed of in a manner approved by the Governing Board with the prior written
approval of the Responsible Minister.
(6) All the bank accounts of the Council prior to the coming into effect of this Act, including its
investments shall, continue to be the bank accounts of the Council after the coming into effect of this
Act.
24. Repeal of Laws
The South African Dental Technicians Act No.19 of 1979 as amended is hereby repealed.
25. Short title and commencement
This Act shall be called the South African Dental Technicians Act, and shall come into operation on a date
fixed by the Responsible Minister by notice in a the Government Gazette.