Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter IV : Commission for Employment Equity

29. Composition of Commission for Employment Equity

Purchase cart Previous page Return to chapter overview Next page

 

(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.