| 7.1 |
Composition of the Authority |
| 7.1.1 |
The Authority is constituted on the basis of parity of representation between voting members representing (on the one hand) organized employers and (on the other hand) registered trade unions. |
| 7.1.2 |
The Authority is composed of : |
| 7.1.2.1 |
Ten members representing registered trade unions within the scope of the Authority in accordance with Annexure "B" (if necessary) and Annexure "F". |
| 7.1.2.2 |
Ten members representing registered employer organisations within the scope of the Authority in accordance with Annexure "B" (if necessary) and Annexure "F". |
| 7.1.3 |
As far as reasonably practicable: |
| 7.1.3.1 |
At least sixty percent (60%) of members representing registered trade unions should be employees employed within the scope of the Authority and; |
| 7.1.3.2 |
At least sixty percent (60%) of members representing organised employers must be local government councillors. |
| 7.1.4 |
A member representing the Department of Provincial and Local Government must preferably be drawn from senior management. |
| 7.1.5 |
The Authority must be sufficiently representative of designated groups. |
| 7.2 |
Terms of office of members of Authority |
Subject to sub-clause 7.9 a member of the Authority holds office for a period of three years and on expiry of his or her term of office is eligible for re-appointment.
| 7.3 |
Nomination and appointment of Authority members |
| 7.3.1 |
At least three months before the expiry of the term of office of members of the Authority, the Chief Executive Officer must invite nominations from registered trade unions and organised employers within the scope of the Authority for members for the forthcoming term of office. |
| 7.3.2 |
The outgoing members of the Authority are eligible for nomination and re-appointment as members of the Authority for further terms of office. |
| 7.4 |
Alternates to members of Authority |
| 7.4.1 |
The organisations Contemplated in Annexure "F" must appoint alternates to act in the place of each member that represents their organisation, in the event that such member is unable to attend a meeting of the Authority. |
| 7.4.2 |
The Authority must circulate agendas, documents and minutes to keep alternates and Provincial Committees abreast with developments in the Authority. |
| 7.5 |
First meeting of each new term of office of Authority |
| 7.5.1 |
The Chief Executive Officer must notify the members of the date, time and venue of the first meeting of their term of office. |
| 7.5.2 |
At the first meeting of each new term of office the members must: |
| 7.5.2.1 |
Elect a Chairperson and Vice-chairperson as contemplated in clause 8. |
| 7.5.2.2 |
Set the dates for the forthcoming meetings of that year and; |
| 7.5.2.3 |
Take such other decisions as are necessary to ensure the prompt and effective functioning of the Authority. |
| 7.6 |
Meetings of Authority |
The Authority must meet at least twice a year.
Meetings of the Authority must comply with the requirements contemplated in clause 12.
| 7.8 |
Suspension of members of Authority |
| 7.8.1 |
The Authority may suspend a member pending an inquiry: |
| 7.8.1.1 |
If he or she is alleged to have committed a serious offence, or; |
| 7.8.1.2 |
If his or her presence at the Authority’s offices may jeopardise an investigation or endanger employees or places at risk the safety of property belonging to the Authority, or; |
| 7.8.1.3 |
On any other reasonable ground. |
| 7.8.2 |
Before suspending a member, the Authority must - |
| 7.8.2.1 |
Give notice to that member of its intention to suspend him or her; |
| 7.8.2.2 |
Give reasons for the intention to suspend; and |
| 7.8.2.3 |
Give the member a reasonable opportunity in the circumstances to make representations to the Executive Committee. |
| 7.9 |
Vacation of office by members of Authority |
| 7.9.1 |
A member of the Authority, vacates office if that member— |
| 7.9.1.1 |
Is removed from office as contemplated in sub-clause 7.9.2; or 7.9.3, or; |
| 7.9.1.2 |
Resigns by written notice addressed to the Authority and the Chief Executive Officer. |
| 7.9.2 |
The Authority must remove a member of the Authority on the written request of the organisation represented by that member. |
| 7.9.3 |
The Authority may, remove a member— |
| 7.9.3.1 |
For absence from three consecutive meetings of the Authority without prior approval unless the member shows good cause or unless the member has ensured the attendance of an alternate at each meeting; |
| 7.9.3.2 |
For permanent incapacity; |
| 7.9.3.3 |
For serious misconduct; or |
| 7.9.3.4 |
For failure to comply with any provision in the Code of Conduct contained in Annexure "C". |
| 7.9.4 |
Before removing a member as indicated under 7.9.3 the Authority must: |
| 7.9.4.1 |
Give notice to that member and nominating organization as contemplated in Annexure "F" of its intention to remove him or her; |
| 7.9.4.2 |
Give reasons for the intention to remove him or her; and |
| 7.9.4.3 |
give the member a reasonable opportunity in the circumstances to make representations to the Executive Committee or an appointed body. |
| 7.9.5 |
If the Executive Committee contemplates removing a member in terms of sub-clauses 7.9.3.3 or the Executive Committee must hold an inquiry to determine whether or not the member should be removed from office. |
| 7.9.6 |
The Executive Committee must appoint two of its members, who will normally be the Chairperson and the Vice-chairperson, to preside over the inquiry. |
| 7.9.7 |
The Chief Executive Officer must inform the nominating organization as contemplated in annexure "F" and the member concerned in sufficient detail in writing of the allegations against him or her; and of the date, time and venue of the inquiry. |
| 7.9.8 |
The member must be given adequate time to prepare for the inquiry and may be represented at the inquiry. |
| 7.10 |
Filling of vacancies on Authority |
| 7.10.1 |
If a member of the Authority vacates office before the expiry of his or her period of office for any reason contemplated in sub-clause 7.9.1 the organisation, which was represented by that member, must nominate a new member for the unexpired portion of that period. |
| 7.10.2 |
Subject to sub-clause 7.1, the Authority must appoint any person so nominated as a member of the Authority. |
| 7.10.3 |
If the organisation contemplated in sub-clause 7.10.1 has not nominated a new member within a reasonable period of a written request by the Authority to do so, the Authority may appoint a member to represent the interests of registered trade unions, organised employers or a government department, as the case may be. |
Copyright Act, 1978
