National Minimum Wage Act, 2018 (Act No. 9 of 2018)Chapter 3 : National Minimum Wage Commission10. Appointment and termination of appointment of members of Commission |
| (a) | the chairperson and the three independent experts; and |
| (b) | the members nominated by organised business, organised community and organised labour. |
| (2) | The term of office for the members of the Commission is for a maximum period of five years but members may be re-appointed. |
| (3) | The members of the Commission are appointed on a part-time basis and on terms and conditions prescribed by the Minister in consultation with the Minister of Finance. |
| (4) | Termination of appointment may be effected in the following manner: |
| (a) | The member’s death; |
| (b) | the resignation of a member giving three months’ notice to the Minister; and |
| (c) | subject to due process of law, the removal of a member from office by the Minister for the following reasons: |
| (i) | Serious misconduct; |
| (ii) | permanent incapacity; |
| (iii) | failure to attend three successive meetings without a reasonable explanation; or |
| (iv) | engaging in any activity that undermines the integrity of the Commission. |
| (5) | The chairperson and members of the Commission— |
| (a) | must act impartially when performing any function of the Commission; |
| (b) | may not engage in any activity that may undermine the integrity of the Commission; and |
| (c) | must recuse themselves from advising the Minister on any matter in respect of which they have a direct or indirect financial interest or any other conflict of interest. |
| (6) | The Commission must appoint a member to act as chairperson whenever the chairperson is absent from the Republic or from duty, or for any reason is temporarily unable to function as chairperson. |