| (1) |
Composition of Authority |
| (a) |
Subject to clauses 9(1)(b)(iii) and 9(1)(b)(iv) there are twenty-six members of the Authority. |
| (b) |
The Authority is composed of— |
| (i) |
twelve members representing Organised Labour within the scope of the Authority; |
| (ii) |
twelve members representing Organised Employers within the scope of the Authority and contemplated as follows: |
| (a) |
six members representing employer organisations in the private sector; |
| (b) |
three members representing the Department of Health, as an employer in the public sector; and |
| (c) |
three members representing the Department of Social Development, as an employer in the public sector; and |
| (iii) |
one member representing the Professional Councils if the Minister, having consulted the members of the Authority representing Organised Labour, Organised Employers, and relevant governmental departments, considers it appropriate; and |
| (iv) |
one member representing Exempt Employers if the Minister, having consulted the members of the Authority representing Organised Labour, Organised Employers, and relevant governmental departments, considers it appropriate. |
| (c) |
Members representing government departments must be drawn from senior management. |
| (d) |
Each constituency contemplated in clause 9(1)(b) must be represented by members who are sufficiently representative of Designated Groups. |
| (2) |
Terms of office of members of Authority |
Subject to clause 9(9)(a), a member of the Authority holds office for a period of five years and on expiry of his or her term of office is eligible for re-appointment.
| (3) |
Nomination and appointment of members of Authority |
| (a) |
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 Organised Labour, Organised Employers, relevant government departments, and the Professional Councils and Exempt Employers within the Sector for members for the forthcoming term of office. |
| (b) |
The relevant government departments must jointly nominate their members. |
| (c) |
The Chief Executive Officer must set a date for the first meeting of the new term. |
| (d) |
At the final meeting of the term the outgoing members will appoint the new members of the Authority. Such appointment will take effect on the first day after the expiry of the outgoing member's term of office. |
| (e) |
The outgoing members of the Authority are eligible for nomination and re-appointment as members of the Authority for further terms of office. |
| (4) |
Alternates to members of Authority |
The organisations contemplated in clause 9(1)(b) 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.
| (5) |
First meeting of each new term of office of Authority |
| (a) |
The Chief Executive Officer must notify the members of the date, time and venue of the first meeting of their term of office. |
| (b) |
At that meeting, members must— |
| (i) |
elect a chairperson and vice-chairperson as contemplated in clause 11 (1); |
| (ii) |
set the dates for the forthcoming meetings of that year; and |
| (iii) |
take such other decisions as are necessary to ensure the prompt and effective functioning of the Authority. |
| (c) |
The Chief Executive Officer will preside over the first meeting of the new term of office until the chairperson has been appointed. |
| (6) |
Meetings of Authority |
| (a) |
The Authority must meet at least twice each year. |
| (b) |
The business of the Authority at these meetings shall include: |
| (i) |
the consideration of the annual financial statements of the Authority, the annual report of the Authority's affairs and the report of the Auditor-General; |
| (ii) |
the appointment of an auditor; |
| (iii) |
the discussion of any matter referred to in or arising out of the financial statements or the reports; |
| (iv) |
the appointment of the members of the Authority; |
| (v) |
the discussion of any matter of which notice shall have been given to the Chairperson at least 10 days before the date of the meeting; |
| (vi) |
the transaction of such other business as is required to be transacted by the Authority under this Constitution, the Act, or the SDLA; |
| (vii) |
the approval of the Authority's annual budget and business plan for submission to the Minister; and |
| (viii) |
the delegation of the functions, rights, duties and powers to members, employees, or committees. |
Meetings of the Authority must comply with the requirements contemplated in clause 13.
| (8) |
Suspension of members of Authority |
| (a) |
The Authority may on reasonable grounds contemplated in clauses 9(9)(b)(iv) and 9(9)(b)(vii) suspend a member pending an inquiry contemplated in clause 9(9)(d). |
| (b) |
Before suspending a member, the Authority must— |
| (i) |
give notice to that member of its intention to suspend him or her; |
| (ii) |
give reasons for the intention to suspend; and |
| (iii) |
give the member a reasonable opportunity in the circumstances to make representations to the Authority. |
| (9) |
Vacation of office by members of Authority |
| (a) |
A member of the Authority shall vacate his or her office if that member— |
| (i) |
is removed from office as contemplated in clause 9(9)(b); |
| (ii) |
resigns by written notice addressed to the Authority; or |
| (b) |
The Authority may remove a member— |
| (i) |
on the written request of the organisation represented by that member; |
| (ii) |
for absence from three consecutive meetings of the Authority without the prior permission of the Authority, unless the member shows good cause; |
| (iii) |
for permanent incapacity; |
| (iv) |
for serious misconduct; |
| (v) |
for failure to comply with any provision in the Code of Conduct contained in Annexure B; |
| (vi) |
for conduct that undermines the Authority or brings the Authority or any of its members into disrepute; or |
| (vii) |
for any other good reason. |
| (c) |
Before removing a member, the Authority must— |
| (i) |
give notice to that member of its intention to remove him or her; |
| (ii) |
give reasons for the intention to remove him or her; and |
| (iii) |
give the member a reasonable opportunity in the circumstances to make representations to the Authority. |
| (d) |
If the Authority contemplates removing a member in terms of clauses 9(9)(b)(iv) or 9(9)(b)(vii), the Authority must hold an inquiry to determine whether or not the member should be removed from office. |
| (e) |
The Authority must appoint three of its members, who will normally include the Chairperson and the Vice-chairperson, to preside over the inquiry. |
| (f) |
The Chairperson must inform the member in sufficient detail in writing— |
| (i) |
of the allegations against him or her; and |
| (ii) |
of the date, time and venue of the inquiry. |
| (g) |
The member must be given adequate time to prepare for the inquiry and may be represented by a fellow member at the inquiry. |
| (10) |
Filling of vacancies on Authority |
| (a) |
If a member of the Authority vacates office before the expiry of his or her period of office for any reason contemplated in clauses 9(9)(a) or 9(9)(b), the organisation which was represented by that member may nominate a new member for the remaining portion of that period. |
| (b) |
Subject to clause 9(1), the Authority must appoint any person so nominated as a member of the Authority. |
| (c) |
If the organisation contemplated in clause 9(10)(a) 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 Organised Employers, Organised Labour, the Professional Councils, or Exempt Employers, as the case may be. |
Copyright Act, 1978
