| (a) |
a voting chairperson appointed by the Minister; |
| (b) |
24 voting and six non-voting members appointed by the Minister; and |
[Section 6(1)(b) amended by section 4(a) of Act No. 37 of 2008]
| (c) |
its non-voting executive officer appointed in terms of section 8(2)(a). |
| (2) |
The members referred to in subsection (1)(b) are— |
| (a) |
five voting members nominated by NEDLAC and appointed by the Minister to represent organised labour; |
| (b) |
five voting members nominated by NEDLAC and appointed by the Minister to represent organised business; |
| (c) |
five voting members nominated by NEDLAC and appointed by the Minister to represent organisations of community and development interests, which must include— |
| (i) |
a woman who represents the interests of women; |
| (ii) |
a person who represents the interests of the youth; and |
| (iii) |
a disabled person who represents the interests of people with disabilities; |
| (d) |
five voting members appointed by the Minister to represent the interests of the State; |
| (e) |
four voting members appointed by the Minister to represent the interests of education and skills development providers; |
[Section 6(2)(e) amended by section 4(b) of Act No. 37 of 2008]
| (eA) |
two non-voting members, who have expertise in skills development, appointed by the Minister after consultation with the National Skills Authority; |
[Section 6(2)(eA) inserted by section 3(b) of Act No. 31 of 2003]
| (f) |
two non-voting members, who have expertise in the provision of employment services, appointed by the Minister; |
[Section 6(2)(f) amended by section 4(c) of Act No. 37 of 2008]
[Section 6(2)(g) amended by section 4(c) of Act No. 37 of 2008]
| (h) |
a non-voting member nominated by the QCTO and appointed by the Minister. |
[Section 6(2)(h) inserted by section 4(d) of Act No. 37 of 2008]
| (3) |
The Minister must designate five members as deputy chairpersons, one deputy chairperson each from the members to be appointed to represent— |
| (c) |
organisations of community and development interests; |
| (d) |
the interests of the State; and |
| (e) |
education and skills development providers. |
[Section 6(3) amended by section 4(e) of Act No. 37 of 2008]
| (4) |
A member of the Authority holds office for a period of five years and is eligible for re-appointment on expiry of his or her term of office, but may not serve more than two consecutive terms of office. |
[Section 6(4) amended by section 4(f) of Act No. 37 of 2008]
| (5) |
A member of the Authority vacates office if that member— |
| (a) |
is removed from office by the Minister as contemplated in subsection (6); or |
| (b) |
resigns by written notice addressed to the Minister. |
| (6) |
The Minister may remove a member of the Authority— |
| (a) |
on the written request of the body that nominated that member in terms of subsection (2); |
| (b) |
for serious misconduct; |
| (c) |
for permanent incapacity; |
| (d) |
for absence from three consecutive meetings of the Authority— |
| (i) |
without the prior permission of the Authority; or |
| (ii) |
unless the member shows good cause; or |
| (e) |
for engaging in any activity that may undermine the functions of the Authority. |
| (7) |
If the chairperson or a member of the Authority vacates office before the expiry of the period of office, the Minister must, in terms of subsection 1(a) or (2), respectively, appoint a new chairperson or member, as the case may be, for the unexpired portion of that period within 90 days. |
[Section 6(7) amended by section 4(g) of Act No. 37 of 2008]
Basic Conditions of Employment Act, 1997
