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


Constitution of the Mining Qualifications Authority (MQA)

15. Vacation of office of Authority and committee members


15.1 A member vacates office:
15.1.1 on expiry of the member's period of office; or
15.1.2 if such member : is absent from two consecutive meetings of the Authority or committee for which such member is appointed without notifying the chairperson before the meeting that the member will be absent; resigns as a member; is required to vacate office by the organization which that member represents; or is required to vacate office by the Authority as contemplated in clause 14.2;
15.1.3 if such member was nominated by an organisation and that organisation no longer meets the criteria allowing it to nominate members as contemplated in Chapter 18 of the Mine Health and Safety Regulations, or if the Authority or committee on which the member serves, is abolished.


15.2 The Authority may replace a member:
15.2.1 for permanent incapacity;
15.2.2 for serious misconduct; or
15.2.3 for failure to comply with any provision in the Code of Conduct contained in Schedule "E" to this Constitution.


15.3 Before removing a member as indicated under clause 14.2 the Authority must give the member-
15.3.1 notice of its intention to remove the member;
15.3.2 reasons for its intention to remove him or her; and
15.3.3 a reasonable opportunity in the circumstances to make written or verbal representations to the Authority.
15.3.4 If a member of the Authority vacates office before the expiry of his or her period of office for any reason contemplated in clauses 14.1 or 14.2 the organisation, which was represented by that member must nominate a new member for the unexpired period. The Minister of Minerals and Energy must appoint any person so nominated as a member of the Authority.
15.3.5 if the organisation contemplated in clause 14.3 no longer satisfies the criteria permitting it to nominate members as contemplated in clause 15.1.3, then a person must be nominated and appointed to fill the vacancy in accordance with Regulation 18.6(2) of the Mine Health and Safety Regulations.
15.3.6 If an organisation has not nominated a new member within a reasonable period of a written request by the Authority to do so, the Authority may appoint a member to represent the interests of organised employees, organized labour or a government department, as the case may be.