1) The Commission consists of a chairperson and eight other members appointed by the Minister to hold office on a part-time basis.

2) The members of the Commission must include-

1. two people nominated by those voting members of NEDLAC who represent organised labour;
2. two people nominated by those voting members of NEDLAC who represent organised business;
3. two people nominated by those voting members of NEDLAC who represent the State; and
4. two people nominated by those voting members of NEDLAC who represent the organisations of community and development interests in the Development Chamber in NEDLAC.

3) A party that nominates persons in terms of subsection (2) must have due regard to promoting the representivity of people from designated groups.

4) The Chairperson and each other member of the Commission-

1. must have experience and expertise relevant to the functions contemplated in section 30;
2. must act impartially when performing any function of the Commission;
3. may not engage in any activity that may undermine the integrity of the Commission; and
4. must not participate in forming or communicating any advice on any matter in respect of which they have a direct financial interest or any other conflict of interest.

5) The Minister must appoint a member of the Commission to act as chairperson whenever the office of chairperson is vacant.

6) The members of the Commission must choose from among themselves a person to act in the capacity of chairperson during the temporary absence of the chairperson.

7) The Minister may determine-

1. the term of office for the chairperson and for each member of the Commission, but no member's term of office may exceed five years;
2. the remuneration and allowances to be paid to members of the Commission with the concurrence of the Minister of Finance; and
3. any other conditions of appointment not provided for in this section.

8) The chairperson and members of the Commission may resign by giving at least one month's written notice to the Minister.

9) The Minister may remove the chairperson or a member of the Commission from office for-

1. serious misconduct;
2. permanent incapacity;
3. that person's absence from three consecutive meetings of the Commission without the prior permission of the chairperson, except on good cause shown;
4. engaging in any activity that may undermine the integrity of the Commission.

1) The Commission advises the Minister on-

1. codes of good practice issued by the Minister in terms of section 54;
2. regulations made by the Minister in terms of section 55; and
3. policy and any other matter concerning this Act.

2) In addition to the functions in subsection (1) the Commission may-

1. make awards recognising achievements of employers in furthering the purpose of this Act;
2. research and report to the Minister on any matter relating to the application of this Act, including appropriate and well-researched norms and benchmarks for the setting of numerical goals in various sectors; and
3. perform any other prescribed function.

Subject to the laws governing the public service, the Minister must provide the Commission with the staff necessary for the performance of its functions.

In performing its functions, the Commission may-

1. call for written representations from members of the public; and
2. hold public hearings at which it may permit members of the public to make oral representations.

The Commission must submit an annual report to the Minister.