Employment Equity Act, 1998 (Act No. 55 of 1998)Chapter IV : Commission for Employment Equity29. Composition of Commission for Employment Equity |
| (1) | The Commission consists of a chairperson and eight other members appointed by the Minister to hold office on a part-time basis. |
| (2) | The members of the Commission must include— |
| (a) | two people nominated by those voting members of NEDLAC who represent organised labour; |
| (b) | two people nominated by those voting members of NEDLAC who represent organised business; |
| (c) | two people nominated by those voting members of NEDLAC who represent the State; and |
| (d) | two people nominated by those voting members of NEDLAC who represent the organisations of community and development interests in the Development Chamber in NEDLAC. |
| (3) | A party that nominates persons in terms of subsection (2) must have due regard to promoting the representivity of people from designated groups. |
| (4) | The Chairperson and each other member of the Commission— |
| (a) | must have experience and expertise relevant to the functions contemplated in section 30; |
| (b) | must act impartially when performing any function of the Commission; |
| (c) | may not engage in any activity that may undermine the integrity of the Commission; and |
| (d) | must not participate in forming or communicating any advice on any matter in respect of which they have a direct financial interest or any other conflict of interest. |
| (5) | The Minister must appoint a member of the Commission to act as chairperson whenever the office of chairperson is vacant. |
| (6) | The members of the Commission must choose from among themselves a person to act in the capacity of chairperson during the temporary absence of the chairperson. |
| (7) | The Minister may determine— |
| (a) | the term of office for the chairperson and for each member of the Commission, but no member's term of office may exceed five years; |
| (b) | the remuneration and allowances to be paid to members of the Commission with the concurrence of the Minister of Finance; and |
| (c) | any other conditions of appointment not provided for in this section. |
| (8) | The chairperson and members of the Commission may resign by giving at least one month's written notice to the Minister. |
| (9) | The Minister may remove the chairperson or a member of the Commission from office for— |
| (a) | serious misconduct; |
| (b) | permanent incapacity; |
| (c) | that person's absence from three consecutive meetings of the Commission without the prior permission of the chairperson, except on good cause shown; |
| (d) | engaging in any activity that may undermine the integrity of the Commission. |