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Mineral Technology Act, 1989 (Act No. 30 of 1989)

10. Staff of Mintek and conditions of service

 

(1)
(a) The Board may on the conditions which it may determine appoint the employees of Mintek whom it deems necessary to assist Mintek in the performance of its functions.
(b) Mintek shall pay to its employees such remuneration, allowances, subsidies and other benefits as the Board may determine in accordance with a system approved from time to time by the Minister, with the concurrence of the Minister of Finance.
(c) Mintek may, in addition to employees referred to in subsection (1)(a), be assisted in the performance of its functions by officers and employees in the public service who have been placed at the disposal of Mintek in terms of the provisions of section 14(3)(a) of the Public Service Act, 1984 (Act No. 111 of 1984).
(d) The Board may, on such conditions as it may deem fit, second an employee of Mintek, either for a particular service or for a period of time, to the service of a department of State, the government of any other country or territory, or a person in or outside the Republic: Provided that such an employee's rights, privileges and benefits by virtue of his conditions of service as an employee of Mintek are not adversely affected by such secondment: Provided further that an employee shall not be seconded to the service of the government of such other country or territory, or such person outside the Republic, unless the employee consents thereto.
(e) Any person who, immediately prior to the fixed date, was an officer or employee appointed or deemed to have been appointed as such in terms of section 9(1) of the Mineral Technology Act, 1981, shall as from that date be deemed to have been appointed in terms of paragraph (a) of this subsection on such conditions of service as may be determined from time to time in terms of the said paragraph.
(f) Mintek shall for the purposes of the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963), be deemed to be an associated institution, except in relation to any person referred to in paragraph (e) who immediately prior to the fixed date was not a member of the "fund" as defined in that Act.
(g) Any person referred to in paragraph (e) who immediately prior to the fixed date was a member of "the university institutions provident fund" as defined in section 1 of the Associated Institutions Pension Fund Act, 1963, shall continue to be such a member, and in relation to any such person Mintek shall be deemed to be a "council" as defined in the regulations governing that fund and Mintek shall, notwithstanding anything to the contrary in any law contained, pay to the said fund or contribute towards any additional annuity or gratuity such contributions as would otherwise have been payable by the State.

 

(2) Mintek may from time to time, on the conditions and against the security it deems fit—
(a) provide collateral security, including guarantees, to a registered financial institution in respect of a loan granted to an employee by that financial institution, to enable the employee to acquire, improve or enlarge immovable property for residential purposes;
(b) build, cause to be built, purchase or rent houses, flats or flat buildings for occupation by employees, and may sell or let those houses or flats to employees, or otherwise dispose of, let or otherwise deal with those houses, flats or flat buildings;
(c) establish, institute, erect or maintain sports or recreational societies, social clubs, social and health services, restaurants, hostels, bursary schemes for purposes of study or other similar undertakings or schemes which in its opinion may be beneficial to its employees.

 

(3) If a person who is employed in any capacity by or on behalf of Mintek suffers an injury or contracts a disease while engaged in, and which is directly attributable to, any activity in the course of such employment, the Minister may with the concurrence of the Minister of Finance authorize Mintek to pay compensation to such person, or, in the event of his death, to his dependants.

 

(4) The provisions of subsection (3) shall not affect the right of any person to damages in respect of any injury or disease referred to in that subsection.