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Labour Relations Act, 1995 (Act No. 66 of 1995)

Schedules

Schedule 9 : Model Constitution for a Statutory Council

7. Executive committee

 

(1) The council will have an executive committee that consists of the chairperson and the deputy chairperson of the council, who are members by virtue of their respective offices, and ............ additional members elected in accordance with subclause (3).

 

(2) Subject to the directions and control of the council, the executive committee may exercise and perform the powers, functions and duties of the council relating to the supervision and control of the everyday management and administration of the council. In addition, the executive committee may—
(a) investigate and report to the council on any matter connected with the sector in respect of which the council is registered;
(b) do anything necessary to give effect to decisions of the council;
(c) monitor and enforce collective agreements concluded in the council; and
(d) exercise and perform any power, function and duty that is conferred or imposed on the executive committee by or in terms of this constitution or that is delegated by the council to the executive committee. However, the council may not delegate to the executive committee the powers, functions and duties contemplated in clauses 4(4) and (5), 6(3) , 16 and 17 and subclauses (3) and (6) of this clause, and the power of the council to delegate.

 

(3) At the annual general meeting, the council must elect the additional members of the executive committee and an alternate for each of them. The additional members and their alternates must be representatives in the council, and half of the additional members, as well as their alternates, must be nominated by the employer representatives in the council, whilst the other half of the additional members, as well as their alternates, must be nominated by the employee representatives in the council.

 

(4)
(a) An additional member of the executive committee will hold office for 12 months and will be eligible for re-election at the end of that term.
(b) An additional member of the executive committee whose term of office has expired and who is not re-elected, may nevertheless continue to act as a member of the executive committee until that member"s successor assumes office.

 

(5) An additional member of the executive committee—
(a) may resign from the committee at any time after having given at least 21 days" notice in writing to the secretary;
(b) must vacate office immediately—
(i) in the case of resignation, when the resignation takes effect; or
(ii) upon ceasing to be a representative in the council.

 

(6)
(a) If the seat of an additional member of the executive committee becomes vacant, the council must fill the vacancy from the number of the candidates nominated for that purpose by—
(i) the employer representatives in the council, if that seat had been held by an additional member representing the employers; or
(ii) the employee representatives in the council, if that seat had been held by an additional member representing employees.
(b) A member appointed to fill a vacant seat holds that seat for the unexpired portion of the predecessor"s term of office.

 

(7) The executive committee must hold an ordinary meeting at least once every ...........

 

(8) A special meeting of the executive committee—
(a) may be called at any time by the chairperson with a view to disposing of urgent business; and
(b) must be called by the chairperson within  ........... days of receiving a request for that purpose, stating the purpose of the special meeting and signed by not less than  ........... members of the executive committee.

 

(9) The secretary must prepare a written notice of every executive committee meeting showing the date, time and venue of the meeting and the business to be transacted, and must send the notice to each member of the committee by registered post at least  ........... days before the date of the meeting. However, the chairperson may authorise shorter notice for a special meeting.

 

(10) At least half of the members of the executive committee representing employers and half of the members of that committee representing employees form a quorum and must be present before a meeting may begin or continue.

 

(11) Each member of the executive committee has one vote on any matter before the committee for its decision. However, if at the meeting the members representing employers and those representing employees are not equal in number, the side that is in the majority must withdraw so many of its members from voting as may be necessary to ensure that the two sides are of equal numerical strength at the time of voting.

 

(12) In relation to any matter before the executive committee for its decision, the decision of a majority of those members of the executive committee who are present at the meeting and entitled to vote, will be the decision of the committee.