| 11.1. | The Management Committee will be appointed by the Board at the Board's Annual General Meeting ("AGM"). |
| 11.2. | The Management Committee shall consist of the Chairperson and Vice-chairperson of the Board, 2 (two) Representatives nominated by the Employer party to the Bargaining Council and 2 (two) Representatives, nominated by the Employee party to the Bargaining Council and the Chief Executive Officer of the Bargaining Council. The Chief Executive Officer (Ex-Officio member) of the Bargaining Council shall have no voting powers on the Management Committee. |
| 11.3. | Each of the parties to the Council shall appoint,for the Chairperson, Vice-chairperson positions and Representatives alternates, from the pool of alternatives, nominated by the parties to the Council Board. |
| 11.4. | The Management committee shall appoint from among them, a Chairperson and Vice-chairperson, which may differ from the Chairperson and Vice- chairperson of the Board. The term of office of the Chairperson, Vice-chairperson and Representatives (and their Alternates) serving on the Management Committee shall be the same term s the Chairperson and Vice-chairperson appointment to the Board and shall terminate upon such date that the Chairperson and Vice-chairperson's appointment to the Board, terminates. |
| 11.5. | The Chairperson, Vice-chairperson or a Representative of the Management Committee may resign as such by furnishing the Board with 30 (thirty) calendar days of his / her intention to do so. |
| 11.6. | The Chairperson, Vice-chairperson or a Representative of the Management Committee's appointment as such may be terminated by a decision of the Board. Should the Chairperson's appointment be terminated in terms of this clause 11.6, the Vice-chairperson shall take over the responsibilities of the Chairperson for the remainder of the term set-forth in clause 11.4 above. In such event the representatives to the Management Committee shall appoint a new Vice-chairperson from amongst them for the remainder of such term. |
| 11.7. | In the event of a Representative of the Management Committee resigning or his I her appointment as such being terminated, the Representative's, Alternate will replace the person so resigning or appointment being terminated, to the Management Committee. |
| 11.8. | All resolutions by the Management Committee shall be passed With a majority vote. |
| 11.9. | The Bargaining Council will consider and authorise claims instituted by members against the SPF. |
| 11.10. | The Management Committee1 mandated by the parties to the Bargaining Council, shall have the power to make and alter rules governing the SPF |
| 11.11. | Any disputes emanating from the Bargaining Council refusing,repudiating or partly refusing or partly repudiating any claim Instituted against the SPF by a member or any dispute as to the interpretation,meaning,intention or provisions of these rules shall be resolved as follows:- |
| 11.11.1. | a person aggrieved by the decision of the Bargaining Council may lodge an appeal to the Management Committee; (as per the prescribed Appeal Form) |
| 11.11.2. | all appeals shall be lodged within 14 (fourteen) days as from the date upon which the Bargaining Council's decision has been made available and shall be heard by the Management Committee within 120 (hundred and twenty) days of being lodged. |
| 11.11.3. | any appeal shall be in writing and shall contain the following:— |
| 11.11.3.1. | grounds of appeal; |
| 11.11.3.2. | all supporting documentation which will be used in support of the appeal; |
| 11.11.3.3. | any other relevant information or documentation that may assist the Management Committee to arrive at a conclusion. |
| 11.11.4. | an appeal, in the sole and absolute discretion of the Management Committee, may be amplified by oral argument; |
| 11.11.5. | The Management Committee's finding on appeal shall be in writing and shall be made available to the person lodging such appeal within 14 (fourteen) days from such appeal being heard. The Management Committee's finding on appeal shall be final and binding. |
11.12. All expenses incurred in connection with the administration of the SPF shall be a charge against the SPF. The Management Committee shall have the power to appoint committees or sub-committees to delegate to such sub-committees such powers as are not inconsistent with the collective agreement or these rules.
| 11.13. | The Management Committee may cause to:— |
| 11.13.1. | open a bank account/s for retaining members contributions; |
| 11.13.2. | invest funds of the SPF not immediately required to meet any claims or charges from time to time which includes, but will not be limited to, Investing in immovable property; |
| 11.13.3. | from time to time borrow and/or obtain an overdraft from any bank or financial institution for such sum of money required for purposes of meeting its obligations as envisaged in these rules. |
| 11.14. | The Management Committee's powers as set forth in clause 11.13 above shall be limited to the extent that only the Board may elect: |
| 11.14.1. | at which financial institutions a bank account/s may be opened; |
| 11.14.2. | by which broker and where funds of the SPF may be invested. |
| 11.15. | The Council Board shall appoint the auditors to audit the books of account and financial statements of the SPF, annually. The audited financial records of the SPF shall be presented to, considered and approved by the Board at its AGM, where after it will be signed off by the Chairperson of the Management Committee. The Chairperson of the Management Committee shall in his / her Chairperson's report address the AGM on the activities of the SPF. The audited financial records of the SPF shall be open for inspection to any member of the SPF during office hours at the Bargaining Council's head office as indicated in the collective agreement. |
| 11.16. | A member shall be entitled to copies of the financial records after the inspection thereof against first paying a photocopying charge levied by the Bargaining Council, in its sole and absolute discretion. · |
| 11.17. | The Management Committee may, from time to time as and when necessary instruct actuaries to attend to actuarial calculations for purposes of ensuring that the SPF has sufficient funds to meet its obligations and to ensure sustainability. The expense relating to the appointment of the actuaries shall be borne by the SPF. |
| 11.18. | The SPF shall have the legal capacity to enter into any agreement and to sue or to be sued in its own name. |
| 11.19. | Any profits or losses incurred in the day-to-day activities of the SPF or the realisation of any investment shall be borne by the SPF. |
| 11.20. | The Management Committee shall meet at least on 3 (three) occasions per calendar year, which meetings shall take place at least 2 (two) months prior to Board meetings scheduled for that calendar year, so as to enable the Chairperson to report on the activities and financial status of the SPF, during Board meetings. |
| 11.21. | The Management Committee shall ensure that the SPF, at all material times, has sufficient funds to settle any claims that may arise in the ensuing 4 {four) calendar months, predicated on the historical claims that arose in the same time period i.e the same 4 (four) calendar months, in the previous calendar year, plus 10% {ten percent). |
