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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter IV : Strikes and Lock-outs

70A. Composition of essential services committee

 

 

(1) The Minister must appoint to the essential services committee on terms that the Minister considers fit—
(a) a chairperson, who is independent from the constituencies contemplated in subsection (3) and who may be a senior commissioner;
(b) a deputy chairperson, who must be a senior commissioner; and
(c) six persons nominated in accordance with the provisions of subsections (3) and (4).

 

(2) A member of the essential services committee—
(a) must be a citizen of South Africa, who is ordinarily resident in South Africa, or a permanent resident of South Africa;
(b) must have suitable qualifications or experience in labour law, labour relations, commerce, public affairs, the administration of justice, industry or a sector of the economy;
(c) must not be an unrehabilitated insolvent; and
(d) must not be subject to an order of a competent court holding that person to be mentally unfit or disordered.

 

(3) Organised business, labour and government at NEDLAC must each nominate to the Minister the names of two persons to be appointed to the essential services committee.

 

(4) The Minister must appoint the persons nominated by organised business, labour and government at NEDLAC if these persons meet the requirements set out in subsection (2).

 

(5) The Minister may fill any vacancy that arises in accordance with the provisions of this section.

 

(6) A member of the essential services committee may not represent any person before a panel of the essential services committee, but may be appointed by the trade union and employer parties to serve as an assessor in terms of section 70C.

 

[Section 70A inserted by section 11 of Act No. 6 of 2014]