Public Service Commission Act, 1997
R 385
National Forests Act, 1998 (Act No. 84 of 1998)Chapter 5 : InstitutionsPart 3 : Panel of facilitators, mediators and arbitrators45. Establishment of panel |
| (1) | The Minister must establish a panel of persons from whom appointments of facilitators, mediators and arbitrators may be made for the purposes referred to in sections 20(8), 20(9), 21(3), 27(2)(h), 29(4)(g) and 31(1)(h). |
| (2) | The Minister may, instead of establishing a panel in terms of subsection (1), adopt— |
| (a) | the panel of arbitrators established in terms of section 31(1) of the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), as the panel from which such appointments must be made; |
| (b) | the remuneration and allowances determined in terms of section 31(3) of that Act as those which will be payable for services rendered by panel members in terms of this Act. |
| (3) | If the Minister establishes a panel in terms of subsection (1), he or she must determine the remuneration and allowances to be paid to panel members in consultation with the Minister of Finance. |
| (4) | Facilitators, mediators and arbitrators are only remunerated when they are appointed or selected from the panel to act in a particular matter. |
| (5) | A facilitator, mediator or arbitrator appointed in terms of this Act must, where appropriate, have regard to the following factors along with all other issues he or she must consider in any matter: |
| (a) | Where one or more communities is or are party to the dispute, the historical and cultural association of the community or communities with the forest; |
| (b) | the need to find equitable solutions to problems in the forests sector; and |
| (c) | the principles of sustainable forest management set out in section 3(3). |
