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Skills Development Act, 1998 (Act No. 97 of 1998)


Constitution of the Mining Qualifications Authority (MQA)

14. Nomination and appointment of members of Authority and committees


14.1 Members of the Authority are nominated in accordance with clause 10.2 and Schedule "C" read with Chapter 18 of the Mine Health and Safety Regulations. Members of any committee are nominated and appointed in accordance with clauses 13.3 and 13.4.


14.2 Members of the Authority are appointed by the Minister of Minerals and Energy in terms of Chapter 18 of the Mine Health and Safety Regulations, after consulting the Minister of Labour.


14.3 The organisations contemplated in Schedule "C" may nominate persons as members to represent their interests on any committee.


14.4 The relevant establishing authority:
14.4.1 must appoint the members of the committee; and
14.4.2 must appoint one of the members as chairperson.


14.5 If the relevant establishing authority does not appoint a chairperson, the members of the committee may appoint the chairperson from amongst their number.


14.6 Members representing the relevant government department, employees, or employers on any committee may hold office for such period as the relevant establishing authority may determine, which period may not exceed five years. A member whose period of office expires, may be reappointed.


14.7 If the office of a member of the Authority or any committee is vacated before the end of the period of office of such member, a person to replace such member must, subject to the provisions of this Constitution:
14.7.1 be nominated by the organisation that was represented by the member; and
14.7.2 be appointed for the balance of the period of office of the member in whose place the person is appointed.


14.8 The appointment of any member of any committee is subject to any condition that the relevant establishing authority may determine.


14.9 The Chief Executive Officer must in writing notify the members of their appointment.


14.10 If a member appointed in terms of clause 13.9 does not accept such appointment, a person to replace such person must be appointed in accordance with clause 13.3 and 13.4.


14.11 Every organisation must appoint alternates for its members on the Authority, or any committee and must notify the chairperson of the Authority or the relevant committee, as the case may be, of such appointment.


14.12 The relevant establishing authority:
14.12.1 may appoint alternates for subcommittees; and
14.12.2 must notify the alternates of their appointment and the members of their alternates.