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Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)

Regulations under the Non-Profit Organisations Act

Chapter 8. Terms and Conditions of Appointment of Panel of Arbitrators

 

 

Definitions

 

14. In this chapter, unless the context indicates otherwise--

 

"day" means a day calculated from midnight to midnight;

 

"panellist" means a member of the panel of arbitration established in terms of section 9 of the Act.

 

Function and Responsibilities

 

15. In addition to any other function or responsibility conferred in terms of the Act--
a) the chairperson is responsible for--
i) administering the affairs of the panel of arbitrators;
ii) ensuring that the burden of considering appeals and arbitrations is distributed equitably among the panellists; and
iii) setting adequate standards of performance for panellists and the maintenance thereof;
b) all panellists must perform their functions with due regard to--
i) maintaining and raising the standard of integrity of the panel of arbitrators;
ii) respecting the confidentiality of all parties to an appeal or arbitration;
iii) generally accepted standards of professionalism;
c) the national department must provide the chairperson and panel of arbitrators with the administrative and human resources reasonably required to enable them to adequately discharge their responsibilities.

 

Vacancies and Removal of Office of Panellist

 

16.
1) A vacancy will arise in the Panel of Arbitrators if--
a) pursuant to an inquiry, the Minister decides to remove a panellist from office on the grounds that the panellist--
i) has committed misconduct;
ii) has brought the panel of arbitrators into disrepute;
iii) is incapable or has not capably discharged his or her responsibilities;
iv) is no longer able to discharge his or her responsibilities; or
v) has not been able or been available to discharge his or her responsibilities for a continuous period of six months;
b) a panellist resigns; or
c) a panellist dies.

 

2) A vacancy will be considered to have occurred--
a) upon the minister making the decision to remove a panellist;
b) upon receipt of a written notice of resignation from the panellist; or
c) on the date of the panellist’s death.

 

Remuneration

 

17. Panellists will be remunerated by the national department at a rate determined by the Minister with the concurrence of the Member of Cabinet responsible for finance, for the following functions--
a) every appeal or arbitration considered in terms of the Act;
b) all awards made in respect of an appeal or arbitration; and
c) preparatory work associated with an appeal or arbitration that they have been appointed to consider.

 

Travel and Accommodation

 

18.
1) In circumstances where panellists are required to conduct an appeal or arbitration hearing in a municipal area other than their usual place of business, employment or residence, panellists must obtain prior approval of their itineraries from the chairperson. For journeys to any foreign country, prior approval must be obtained from the Minister.

 

2) The travel and accommodation policy and tariffs of the national department apply to panellists with the changes required by the context.

 

3) The requirements of Treasury Instruction K3.2.1 to K3.12.10 apply to subsistence and relevant expenses incurred by the panel and the panellists with the changes required by the context.

 

Entertainment and other Associated Expenses incurred by the Panel of Arbitrators

 

19.
1) Expenditure on entertainment and other associated expenses incurred by the panel of arbitrators will be paid for by the national department in terms of Treasury instructions K14.1.

 

2) Entertainment and other associated expenses will be paid only--
a) in respect of expenses reasonably incurred; and
b) upon submitting to the national department the relevant supporting vouchers.

 

Responsibility for Payment of Expenditure

 

20.
1) All expenditure incurred in respect of the business of the panel of arbitrators as set out in the Act and regulations must be met by the vote of the controlling department.

 

2) Subject to the provisions of Treasury Instruction K3.13.1, the salary and personal allowances of any state official providing services to the panel of arbitrators must be met from the vote of the department/provincial administration in which he or she is normally employed.

 

3) The controlling department must maintain separate subsidiary records of all expenditure on the panel of arbitrators so as to ensure that particulars thereof are readily available if required by Parliament or the Auditor-General.