| (1) | The Minister must appoint to the essential services committee on terms that the Minister considers fit— |
| (a) | a chairperson, who is independent from the constituencies contemplated in subsection (3) and who may be a senior commissioner; |
| (b) | a deputy chairperson, who must be a senior commissioner; and |
| (c) | six persons nominated in accordance with the provisions of subsections (3) and (4). |
| (2) | A member of the essential services committee— |
| (a) | must be a citizen of South Africa, who is ordinarily resident in South Africa, or a permanent resident of South Africa; |
| (b) | must have suitable qualifications or experience in labour law, labour relations, commerce, public affairs, the administration of justice, industry or a sector of the economy; |
| (c) | must not be an unrehabilitated insolvent; and |
| (d) | must not be subject to an order of a competent court holding that person to be mentally unfit or disordered. |
| (3) | Organised business, labour and government at NEDLAC must each nominate to the Minister the names of two persons to be appointed to the essential services committee. |
| (4) | The Minister must appoint the persons nominated by organised business, labour and government at NEDLAC if these persons meet the requirements set out in subsection (2). |
| (5) | The Minister may fill any vacancy that arises in accordance with the provisions of this section. |
| (6) | A member of the essential services committee may not represent any person before a panel of the essential services committee, but may be appointed by the trade union and employer parties to serve as an assessor in terms of section 70C. |
[Section 70A inserted by section 11 of Act No. 6 of 2014]
