| (b) |
the council in posts established in addition to posts contemplated in paragraph (a). |
| (2) |
Subject to the Public Service Act and any other applicable law, the Minister must— |
| (a) |
establish the posts contemplated in subsection (1)(a); |
| (b) |
appoint staff in the identified posts; and |
| (c) |
remunerate staff from the funds allocated to the respective colleges in accordance with the norms and standards contemplated in section 23. |
| (3) |
The staff contemplated in subsection (1)(a) must— |
| (a) |
report to the council in respect of matters and functions allocated to them by the council in terms of this Act; and |
| (b) |
report to the Minister as the employer for all employment purposes. |
| (a) |
may establish posts contemplated in subsection (1)(b) for staff other than the management staff, which posts are additional to the posts contemplated in subsection (2)(a); |
| (b) |
may appoint staff in those posts; |
| (c) |
must remunerate staff from the funds received by the public college in question from other sources than the money received in terms of section 22; |
| (d) |
must determine the functions, conditions of service and privileges of the staff contemplated in paragraph (a); and |
| (e) |
must pay remuneration to the staff contemplated in paragraph (a) that may not be less than the remuneration paid to a comparable appointment made in terms of the Public Service Act contemplated in subsection (1)(a). |
| (5) |
When presenting the annual financial reports contemplated in section 25 the council must provide sufficient details of any posts envisaged in terms of subsection (4)(a), including the estimated cost relating to the employment of staff in those posts and the manner in which it is proposed that the cost will be met. |
| (6) |
The staff contemplated in subsections (2) and (4) must be employed in compliance with the basic values and principles referred to in section 195 of the Constitution of the Republic of South Africa, 1996, and factors to be taken into account when making appointments include, but are not limited to— |
| (a) |
the ability of the candidates; |
| (b) |
the principle of equity; |
| (c) |
the need to redress past injustices; and |
| (d) |
the need for representation. |
| (7) |
A member of staff must in writing— |
| (a) |
before he or she is appointed, declare any business that may raise a conflict or a possible conflict of interest with the further education and training college concerned; and |
| (b) |
notify the further education and training college concerned of any conflict or possible conflict of interest before such further education and training college procures any goods or services from such member of staff or an organisation within which such member holds an interest. |
| (8) |
A member of staff may not conduct business directly or indirectly with the further education and training college at which he or she is employed that entails or may entail a conflict of interest with the further education and training college unless the c ouncil of such further education and training college is of the opinion that— |
| (a) |
such goods, products or services are unique; |
| (b) |
the supplier is a sole provider; and |
| (c) |
it is in the best interest of the institution. |
| (9) |
A member of staff of a further education and training college may not, on behalf of that further education and training college, contrac t with himself or herself or any entity in which he or she has a direct or indirect financial or personal interest . |
| (10) |
Contracting referred in subsection (9) relates to conduc t that is aimed at receiving any direct or indirect personal gain that does not form part of the employment relationship contemplated in subsection (1). |
[Section 20 substituted by section 12 of Act No. 3 of 2012 insofar as it applies to management staff]
[Date of commencement of section 20 as substituted by section 12 of Act No. 3 of 2012 insofar as it relates to staff other than management staff: 1 April 2015]
Housing Development Agency Act, 2008
