Mine Health and Safety Act, 1996 (Act No. 29 of 1996)RegulationsMine Health and Safety RegulationsChapter 18 : Tripartite Institutions |
| 18.1 | Nomination of members to represent employees and owners |
| (1) | Nominations for the appointment of members of every tripartite institution are invited by notice in the Gazette from— |
(a) every registered trade union with employees as members to represent employees; and
(b) every employers' organisation with employers as members to represent owners.
[Section 98(1)(zC) empowers the Minister to make regulations for the appointment of members to the Council]
[Section 98(zD) empowers the Minister to make regulations for the appointment of members to the Mining Qualifications Authority]
[Schedule 2 allows for the nomination and appointment of members to tripartite institutions. Nomination of members to represent employees and owners]
| (2) | Every nomination must be submitted in writing within 30 days of the notice referred to in subregulation (1) and must contain— |
| (a) | the name, address and a short curriculum vitae of the nominee; |
| (b) | the tripartite institution for which the person is nominated; |
| (c) | if submitted by— |
| (i) | a registered trade union, a statement of the number of employees who are members of the union; or |
| (ii) | an employer's organisation, a statement of the number of employees employed by the members of the organisation; and |
| (d) | any other information or documentation required in the notice. |
| (3) | Any registered trade union or employer's organisation that has submitted a nomination must, within 15 days of receiving a request from the Minister, provide such further information or documentation as the Minister may reasonably request regarding such nomination, including but not limited to information or documentation necessary to verify a statement contemplated in subregulation (2). |
| (4) | The nomination period referred to in subregulation (2) may be extended. |
| 18.2 | Appointment of members representing employees |
The Minister must appoint persons, nominated under regulation 18.1(2) to represent employees as members of tripartite institutions so that—
| (a) | the members are all nominated by agreement between registered trade unions representing at least 75% of employees belonging to such trade unions in the mining industry; or |
| (b) | failing agreement in terms of paragraph (a)— |
| (i) | at least half the members are persons nominated by a registered trade union or unions representing the majority of employees belonging to registered trade unions in the mining industry; and |
| (ii) | the rest are persons nominated by registered trade unions with members employed in the mining industry and appointed in accordance with the significance in the mining industry of the trade unions concerned. |
| 18.3 | Appointment of members representing employers |
The Minister, must appoint persons, nominated under regulation 18.1(2) to represent employers in the mining industry, as members of tripartite institutions so that—
| (a) | the members are all nominated by agreement between employers' organisations whose members employ at least 75% of employees in the mining industry; or |
| (b) | failing agreement in terms of paragraph (a)— |
| (i) | at least half the members are persons nominated by an employer's organisation or organisations whose members employ the majority of the employees in the mining industry; and |
| (ii) | the rest are persons nominated by employers' organisations and appointed in accordance with the significance in the mining industry of the organisations concerned. |
| 18.4 | Appointment of members representing departments of State |
The Minister, after consulting the Chief Inspector of Mines, must appoint the members representing departments of the State on every tripartite institutions.
| 18.5 | Term of office of members |
| (1) | A member of a tripartite institution is appointed for a period of three years. |
| (2) | Despite subregulation (1), a person appointed to replace a member of a tripartite institution who has vacated office before the expiry of such member's term of office, is appointed for the remainder of that member's term of office. |
| (3) | Every member of a tripartite institution is eligible for reappointment after the expiry of such member's term of office. |
| (4) | If for any reason a person to replace a member of a tripartite institution is not appointed at the expiry of the period of office of such member, the Minister may extend the period of office of such member for a period not exceeding six months. |
| 18.6 | Filling of casual vacancies |
| (1) | If a member vacates office in terms of the Constitution of the tripartite institution before the expiry of such member's terms of office, subject to subregulation (2)— |
| (a) | the party that nominated the member is invited to nominate a replacement; and |
| (b) | the Minister must appoint the person nominated as a member of the tripartite institution concerned. |
[Section 97(3) empowers the Minister, after consulting the Council to add to this Act, Schedule 5 containing the constitution of the Council and its permanent committees]
| (2) | If the party contemplated in subregulation (1)(a) no longer satisfies the representative requirements of regulation 18.2 or 18.3— |
(a) nominations of persons to fill the vacancy are invited in terms of regulation 18.1; and
(b) the Minister must appoint a person to fill the vacancy in terms of regulation 18.2 or 18.3.
| (3) | If a member representing a department of the State on a tripartite institution vacates office before the expiry of such member's term of office, a person must be appointed to fill the vacancy in terms of regulation 18.4. |
| 18.7 | Publication of names of members |
The names of persons appointed in terms of these regulations, their period of office and the parties who they represent are published by notice in the Gazette.