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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Schedules

Schedule 7 : Constitution of Mining Qualifications Authority

8. Nomination and Appointment of Members of Committees

 

1) Members of the Authority are nominated and appointed in accordance with the regulations and members of any committee are nominated and appointed in accordance with this item.

[Regulations 18.1 to 18.7 published by Government Notice No. R.93 in the Gazette of 15 January 1997.]

 

(2) Members of the relevant establishing authority may nominate persons as members representing their party on any committee.

 

(3) The relevant establishing authority—
(a) must appoint the members; and
(b) may appoint one of the members as chairperson.

 

(4) If the relevant establishing authority does not appoint a chairperson, the members of the committee may appoint the chairperson from among their number.

 

(5) Members representing employees or employers on any committee may hold office for such period as the relevant establishing authority may determine, which period may not exceed three years. A member whose period of office expires, may be reappointed.

[Regulation 18.5 published by Government Notice No. R. 93 in the Gazette of 15 January 1997 determines the term of office of members of the Authority and its committees.]

 

(6) If the office of a member of any committee is vacated before the end of the period of office of such member, a person to replace such member must, subject to the provisions of this Constitution—
(a) be nominated by the party that was represented by the member; and
(b) be appointed by the relevant establishing authority for a period not exceeding the balance of the period of office of the member in whose place the person is appointed.

[Regulation 18.6 deals with the filling of casual vacancies of the Authority.]

 

(7) The appointment of any member of any committee is subject to any condition that the relevant establishing authority may determine.

 

(8) The chairperson of the relevant establishing authority must in writing notify the members of their appointment.

 

(9) If a member appointed in terms of this item does not accept such appointment, a person to replace such person must be appointed in accordance with this item.

 

(10) Every party must appoint an alternate for each of its members on the Authority, a permanent or ad hoc committee and must notify the chairperson of the Authority or the relevant permanent or ad hoc committee, as the case may be, of such appointment.

 

(11) The relevant establishing authority—
(a) may appoint alternates for members of subcommittees; and
(b) must notify—
(i) the alternates of their appointment; and
(ii) the members of their respective alternates.