Schedule 3: Commission for Conciliation, Mediation and Arbitration

1. Remuneration and allowances of members of governing body

The Minister , after consulting the Minister of Finance, must determine the remuneration and allowances and any other terms and conditions of appointment of members of the governing body.

2. Resignation and removal from office of member of governing body

1. A member of the governing body may resign by giving notice to the governing body.

2. The Minister , acting on the advice of NEDLAC , may remove a member of the governing body from office for-

1. serious misconduct;
2. incapacity; or
3. being absent from three consecutive meetings of the governing body without good cause or prior permission from the chairperson.

3. Vacancies in governing body

1. A vacancy in the governing body exists whenever-

1. a member's term of office ends;
2. a member's resignation takes effect;
3. a member is removed from office; or
4. a member dies.

2. The Minister must fill a vacancy in the governing body as soon as is practicable In the meantime, the Commission's proceedings and decisions continue to be valid.

3. If a vacancy-

1. is owing to the end of a member's term of office, the Minister may reappoint the member, or appoint another person nominated by NEDLAC in accordance with section 116(2) and (3);
2. is owing to any other cause, the Minister must appoint another person nominated by NEDLAC in accordance with section 116(2) and (3) to replace the member and serve the unexpired portion of the replaced member's term of office.

4. Proceedings of governing body

1. The governing body must determine procedures for its meetings.

2. A quorum for a meeting of the governing body is three members of the governing body. The quorum must include-

1. one member who was nominated by those voting members of NEDLAC who represent organised business;
2. one member who was nominated by those voting members of NEDLAC who represent organised labour; and
3. one member who was nominated by those voting members of NEDLAC who represent the State.

3. Despite sub-item (2), a meeting of the governing body may be held in the absence of any member representing organised business or organised labour or the State, if those members have agreed to the meeting proceeding in the absence of that member and to the issues which may be dealt with in the absence of that member.

4. If the chairperson is absent from a meeting of the governing body, the members present must elect one of themselves to preside at that meeting, and at that meeting that member may exercise or perform any function of the chairperson.

5. A defect or error in the appointment of a member of the Commission does not affect the validity of the Commission's proceedings or decisions.

5. Director of Commission

1. The director may resign by giving written notice to the governing body.

2. The governing body may remove the director from office for-

1. serious misconduct;
2. incapacity;
3. a material violation of the Commission's code of conduct; or
4. being absent from three consecutive meetings of the governing body without good cause or prior permission from the chairperson.

3. A vacancy in the office of director exists whenever-

1. the director reaches the age of 65;
2. the director's resignation takes effect;
3. the governing body removes the director from office; or
4. the director dies.

4. The governing body must appoint a director in accordance with the provisions of section 118 as soon as practicable after the office of the director becomes vacant.

6. Bank account

The governing body must open and maintain an account in the name of the Commission with a bank registered in the Republic , or with another registered financial institution approved by the Minister of Finance and, subject to item 7, must-

1. deposit to that account any money that the Commission receives; and
2. make all payments on behalf of the Commission from that account.

7. Investment of surplus money

The governing body may resolve to invest any money that the commission does not immediately require to meet current expenditure or contingencies-

1. on call or short-term deposit with any bank that meets the requirements stated in item 6;
2. if the Minister , with the concurrence of the Minister of Finance, gives written approval of the duration and other terms of the investment, in an investment account with the Corporation for Public Deposits.

8. Accounting and auditing

The Commission must, to the standards of generally accepted accounting practice, principles and procedures-

1. keep books and records of its income, expenditure, assets and liabilities;
2. as soon as practicable after the end of each financial year, prepare financial statements, including at least a statement of income and expenditure for the previous financial year and a balance sheet showing its assets, liabilities and financial position as at the end of the previous financial year; and
3. each year, arrange for the Auditor-General to audit its books and records of account and its financial statements.

9. Annual report

1. As soon as practicable after the end of each financial year, the Commission must provide the Minister with a report concerning the activities and the financial position of the Commission during the previous financial year.

2. The Minister must table the Commission's annual report in Parliament within 14 days of receiving it from the Commission, but if Parliament is not in session at that time, the Minister must table the report within 14 days of the beginning of the next session of Parliament.