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


Schedule 9 : Model Constitution for a Statutory Council

10. Officials and employees



1) The council must appoint a secretary who will be responsible for the administrative and secretarial work arising from the functioning of the council and for performing the functions and duties imposed on the secretary by or in terms of the Act and this constitution. That work and those duties and functions include-
a) to keep and maintain the books and records of account that the council may direct in order fully to reflect the financial transactions and state of affairs of the council;
b) to attend all meetings of the council and its executive committee and record the minutes of the proceedings at those meetings;
c) to conduct the correspondence of the council, keeping originals of letters received and copies of letters sent;
d) at each meeting of the council, to read significant correspondence that has taken place since the previous meeting;
e) to bank all moneys received on behalf of the council within three days of receipt;
f) whenever required by the council, but at least once in every quarter of the financial year, to submit to the council statements of its financial affairs and position;
g) to prepare, for submission at the annual general meeting of the council, a budget for the next financial year and an annual report summarising the key activities of the council; and
h) to countersign cheques drawn on the council's bank account.


2) The secretary must-
a) retain a copy of the confirmed and signed minutes of every meeting of the council, the executive committee and any other committee of the council in safe custody at the office of the council for a period of at least three years from the date those minutes were confirmed;
b) retain every financial statement referred to in sub-clause (1)(f), and all vouchers and records relating to statements of that nature, for at least three years from the date of the statement; and
c) sign the certificates of appointment to be issued to the persons appointed by the Minister as designated agents of the council.


3) The council may appoint any additional officials and any number of employees that may be necessary to assist the secretary in performing the functions and duties of that office.


4) The council may request the Minister to appoint any number of persons as designated agents to help it enforce any collective agreement concluded in the council.


5) Where there are two or more suitable candidates for appointment to the position of secretary or a designated agent, the council must elect the secretary or designated agent by conducting a ballot of the representatives present at the meeting at which the appointment is to be made, with the candidate receiving the highest number of votes being appointed.


6) The secretary, designated agents and other officials and employees of the council must not be biased in favour of or prejudiced against any party in the performance of their respective functions.