South African Qualifications Authority Act, 1995 (Act No. 58 of 1995)4. Constitution of Authority |
| (1) | The Authority shall consist of a chairperson who shall be appointed in terms of subsection (2), such members as shall be appointed in terms of subsections (3) and (4), and an executive officer who shall be appointed in terms of subsection (7). |
| (2) | The Minister shall appoint a person of experience and expertise in matters relating to the functions of the Authority, to be the chairperson of the Authority. |
| (3) | The Minister shall appoint the following persons as members of the Authority, in the manner provided for in subsection (4)— |
| (a) | one member nominated by the Director-General; |
| (b) | one member nominated by the heads of provincial education departments; |
| (c) | one member nominated by the Director-General: Labour; |
| (d) | one member nominated by the National Training Board; |
| (e) | three members nominated by the national organisations representing organised labour; |
| (f) | two members nominated by national organisations representing organised business; |
| (g) | one member nominated by the Committee of University Principals established by section 6 of the Universities Act, 1955 (Act No. 61 of 1955); |
| (h) | one member nominated by the Committee of Technikon Principals established by section 2 of the Technikons Act, 1993 (Act No. 125 of 1993); |
| (i) | one member nominated by the national body representing teachers' college rectors and recognised by the Minister for this purpose; |
| (j) | one member nominated by the national body representing technical college rectors and recognised by the Minister for this purpose; |
| (k) | one member nominated by national organisations representing colleges other than teachers' colleges and technical colleges and recognised by the Minister for this purpose; |
| (l) | one member nominated by national organisations representing the adult basic education and training sector and recognised by the Minister for this purpose; |
| (m) | one member nominated by national organisations representing the early childhood development sector and recognised by the Minister for this purpose; |
| (n) | two members nominated by the organised teaching profession; |
| (o) | two members nominated by national organisations representing lecturers and trainers and recognised by the Minister for this purpose; |
| (p) | one member nominated by national organisations representing the special education needs sector and recognised by the Minister for this purpose; |
| (q) | not more than six members appointed by the Minister at his or her discretion; |
| (r) | not more than two members co-opted by the Authority at its discretion and recommended to the Minister for appointment. |
| (4) | For the purpose of seeking nominations as contemplated in subsection (3), the Minister shall give notice in the Gazette of his or her intention to appoint members of the Authority, and shall request any body or organisation in the fields referred to in subsection (3) to submit the names of persons who, on account of their experience and expertise in matters relating to the functions of the Authority may be suitable candidates for appointment as members of the Authority and in submitting the names of candidates due recognition shall be given to the principle of representivity. |
| (5) | For the purpose of the nominations, contemplated in paragraph (n), of subsection (3), not more than one nomination shall be made by any one organisation or union. |
| (6) | A member of the Authority excluding the executive officer, shall hold office for such period which shall not exceed three years, as the Minister may determine at the time of his or her appointment, and a member may be re-appointed for one further term of office when his or her initial term of office expires. |
| (7) | The Minister shall, in filling any vacancy, take the provisions of subsection (3) into account. |
| (8) | The members contemplated in subsections (2) and (3), shall, with the approval of the Minister, appoint a competent person to be executive officer on such conditions of service as may be determined by the Authority with the approval of the Minister, granted with the concurrence of the Minister of Finance. |