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

Chapter VII : Dispute Resolution

Part A : Commission for Conciliation, Mediation and Arbitration

116. Governing body of Commission

 

(1) The Commission will be governed by the governing body, whose acts are acts of the Commission. 26

 

(2) The governing body consists of—
(a) a chairperson and nine other members, each nominated by NEDLAC and appointed 27 by the Minister to hold office for a period of three years; and
(b) the director of the Commission, who—
(i) is a member of the governing body only by virtue of having been appointed director; and
(ii) may not vote at meetings of the governing body.

 

(3) NEDLAC must nominate—
(a) one independent person for the office of chairperson;
(b) three persons proposed by those voting members of NEDLAC who represent organised labour; and
(c) three persons proposed by those voting members of NEDLAC who represent organised business;
(d) three persons proposed by those voting members of NEDLAC who represent the State.

 

(4) The governing body may appoint any of its members to act as chairperson whenever—
(a) the chairperson is absent from the Republic or from duty, or for any reason is temporarily unable to perform the functions of the chairperson; or
(b) the office of the chairperson is vacant.

[Section 116(4) inserted by section 12 of Notice No. 1304, GG 42061, dated 27 November 2018]

 

(5) An acting chairperson is competent to exercise and perform any of the powers of the chairperson.

[Section 116(5) inserted by section 12 of Notice No. 1304, GG 42061, dated 27 November 2018]

 

 

26 See item 4 of Schedule 3 for the governing body rules of procedure
27 See items 1 to 3 of Schedule 3 for the terms of appointment of members of the governing body.