GOVERNMENT NOTICE

DEPARTMENT OF MINERALS AND ENERGY

No. R. 612 - 24 April 1998

Government Gazette Vol. 394, No. 18854

MINE HEALTH AND SAFETY ACT, 1996 (ACT No. 29 OF 1996)

Under section 97 (4) of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), I, Penuell Mpapa Maduna, Minister of Minerals and Energy, after consulting the Mine Health and Safety Council and the Mining Qualifications Authority, add to the said Act, the Schedule.

P. M. MADUNA
Minister of Minerals and Energy


SCHEDULE 7

CONSTITUTION OF MINING QUALIFICATIONS AUTHORITY

ARRANGEMENT OF CONSTITUTION

  1. Establishment of Authority and committees
  2. Legal status
  3. Objects of Authority
  4. Functions of Authority
  5. Functions of permanent committees
  6. Functions of other committees
  7. Composition of Authority and committees
  8. Nomination and appointment of members of committees
  9. Vacation of office
  10. Appointment and functions of the executive officer
  11. Delegation and assignment of functions
  12. Functions of the chairperson
  13. Appointment and functions of secretary
  14. Rights and obligations of members
  15. Meetings
  16. Quorum
  17. Procedures at meetings
  18. Resolution of meeting
  19. Funds of Authority
  20. Accounting
  21. Abolition of Authority and committees
  22. Limitation of Liability
  23. Amendments to constitution
  24. interpretation

CONSTITUTION

OF

THE MINING QUALIFICATIONS AUTHORITY (MQA)

To provide for the constitution of the Mining Qualifications Authority; for the promotion of the objectives of the National Qualifications Framework in the mining industry; for advising the Minister on matters relating to education and training standards and qualifications in the mining industry; and for matters connected therewith.

Establishment of Authority and committees

An italicised word or phrase is defined in section 102 of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) (this Act) and an italicised word or phrase in bold is defined in item 24 of this Constitution

In this Constitution all references to sections are references to sections in this Act, unless otherwise indicated.

1(1)-(3) - Section 46(2) empowers the Authority to appoint permanent and ad hoc committees, and subcommittees, for any period and on any conditions. 1 (3)-Ad hoc and subcommittees are distinguished in the definition of "other committees".

1. (1) The Authority is established by section 41(3).

(2) The Authority may establish permanent, ad hoc and subcommittees for such periods as the Authority may consider necessary, to achieve the objects or   perform the functions of the Authority.

(3) Every permanent or ad hoc committee may, subject to such conditions as the Authority may determine,  establish subcommittees for such periods as the committee may consider necessary to achieve the objects or perform the functions of that committee.

(4) In the case of permanent committees, the chairperson of the Authority must inform the Minister of such establishment.

Legal status

2. (1) The Authority is a body corporate.

(2) All actions, suits or other proceedings at law, by or against any committee must be brought by or against the Authority.

(3) The Authority may authorise any person or persons to act on behalf of the Authority and to sign all such documents and to take all such steps as may be necessary in connection with any proceedings at law brought by or against the Authority.

Objects of Authority

3(1)(a) - Section 41(3) prescribes the objects of the Authority

3. (1) The objects of the Authority are to -

  1. advise the Minister on -
    1. qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education;
    2. standards and competency setting, assessment, examinations, quality assurance and accreditation in the mining industry; and
    3. proposals for the registration of education and training standards and qualifications in the mining industry on the National Qualifications Framework referred to in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); and
3 (1) (b) - Section 2 of the SAQA Act determines the objectives of the National Qualifications Framework.
  1. promote the objectives of the National Qualifications Framework in the mining industry, which are to -
    1. create an integrated national framework for learning achievements;
    2. facilitate access to, and mobility and progression within education, training and career paths;
    3. enhance the quality of education and training;
    4. accelerate the redress of past unfair discrimination in education, training and employment opportunities; and thereby
    5. contribute to the full personal development of each learner and the social and economic development of the nation at large.

(2) In order to promote its objects the Authority must seek -

  1. registration in terms of the SAQA Act as a body responsible for generating education and training standards and qualifications as contemplated in section 5(1)(a)(ii)(aa) of that Act; and
  2. accreditation in terms of the SAQA Act as a body responsible for monitoring and auditing achievements as contemplated in section 5(1)(a)(ii)(bb) of that Act;

Functions of Authority

4 - Sections 46(1)(c), (d) and (e) determine the advisory functions of the Authority. Section 46(5) requires that, in performing its functions the Authority must comply with the policies and criteria formulated by the South African Qualifications Authority in terms of section 5(1)(a)(ii) of  the SAQA Act.

4. (1) The Authority must -

  1. generate education and training standards and qualifications in the mining industry;
  2. propose education and training standards and qualifications to bodies registered with the South African  Qualifications Authority and responsible for developing education and training standards;
  3. monitor and audit achievements in terms of those standards and qualifications;
  4. accredit providers, assessors and moderators of education and training in the mining industry;
  5. analyse and prioritise education and training needs in the mining industry and recommend on the provision of such education and training;
  6. promote a culture of learning in the mining industry:
  7. assure the quality of education and training in the Shying industry without itself being a provider of education and training:
  8. facilitate strategic human resources development planning in the mining industry;
  9. liaise with the South African Qualifications Authority, or other bodies, persons or institutions concerned with or directly affected by education and training in the mining industry;
  10. keep a record of learning for people in the mining industry;
  11. perform any other function required by the South African Qualifications Authority in terms of the Authority's registration or accreditation; and
  12. perform any other function that must be performed by the Authority in terms of this Act or any other applicable law.

(2) The Authority may perform any other function that may be performed by the Authority in terms of this Act or any other applicable law.

Functions of permanent committees

5. Every permanent committee, at the relevant levels of the National Qualifications Framework in the mining industry, must -

  1. make recommendations to the Authority on -
    1. the generation of education and training standards and qualifications;
    2. the assessment of education and training standards and qualifications; and
    3. the accreditation and moderation of education and training providers and assessors;
  2. undertake activities necessary for the development and implementation of the National Qualifications Framework;
  3. co-ordinate the activities and consider the reports of  its subcommittees; and
  4. perform such other functions delegated or assigned to it by the Authority

Functions of other committees

6. Other committees must perform the functions assigned or delegated to them in terms of item 11.

Composition of Authority and committees

7 (1) - Section 45 (1) prescribes the membership of the Authority.

7. (1) The Authority consists of -

  1. five members representing employers in the mining industry;
  2. five members representing employees in the mining industry;
  3. four members representing departments of State; and
  4. the Chief inspector of Mines who must chair the Authority.

(2) Every permanent committee of the Authority consists of the following members:

  1. five members representing employers in the mining industry;
  2. five members representing employees in the mining industry;
  3. five members representing departments of State; and
  4. an employee of the Authority who must chair the committee.

(3) Every other committee consists of the number of members determined by the relevant establishing Authority.

(4) The parties are entitled to equal representation on other committees.

Nomination and appointment of members of committees

8 (1) - Regulations 18.1 to 18.7 published by Government Notice No. R.93 in the Gazette of 15 January 1997

8. (1) Members of the Authority are nominated and appointed in accordance with the regulations and members of any committee are nominated and appointed in accordance with this item.

(2) Members of the relevant establishing Authority may nominate persons as members representing their party on any committee.

(3) The relevant establishing Authority -

  1. must appoint the members; and
  2. may appoint one of the members as chairperson.

(4) If the relevant establishing Authority does not appoint a chairperson, the members of the committee may appoint the chairperson from among their number.

8(5) - Regulation 18.5 published by Government Notice No. R.93 in the Gazette of 15 January 1997 determines the term of office of members of the Authority and its permanent committees. 8(6) - Mine Health and Safety Regulation 18 (6) deals with the filling of casual vacancies of the Authority.

(5) Members representing employees or employers on any committee may hold office for such period as the relevant establishing Authority may determine, which period may not exceed three years. A member whose period of office expires, may be reappointed.

(6) If the office of a member of any committee is vacated before the end of the period of office of such member, a person to replace such member must, subject to the provisions of this Constitution -

  1. be nominated by the party that was represented by the member; and
  2. be appointed by the relevant establishing Authority for a period not exceeding the balance of the period of office of the member in whose place the person is appointed.

(7) The appointment of any member of any committee is subject to any condition that the relevant establishing Authority may determine.

(8) The chairperson of the relevant establishing Authority must in writing notify the members of their appointment.

(9) If a member appointed in terms of this item does not accept such appointment, a person to replace such person must be appointed in accordance with this item.

(10) Every party must appoint an alternate for each of its members on the Authority, a permanent or ad hoc committee and must notify the chairperson of the Authority or the relevant permanent or ad hoc committee, as the case may be, of such appointment.

(11) The relevant establishing Authority -

  1. may appoint alternates for members of subcommittees; and
  2. must notify -
    1. the alternates of their appointment; and
    2. the members of their respective alternates.

Vacation of office

9. (1) A member vacates office -

  1. on expiry of the member's period of office; or
  2. if such member -
    1. is absent from two consecutive meetings of the Authority or committee for which such member is appointed without notifying the chairperson before the meeting that the member will be absent;
    2. resigns as a member; or
    3. is required to vacate office by the party or the organisation which that member represents;
  3. if such member was nominated by an organisation and that organisation no longer meets the criteria allowing it to nominate members; or
  4. if the Authority or committee on which the member serves, is abolished.

(2) If a member vacates office, the alternate appointed for such member ceases to hold office as alternate.

Appointment and functions of the executive officer

10. (1) The Minister, after consulting the Authority, must appoint a person with experience and expertise in matters relating to functions of the Authority as executive officer of the Authority.

(2) The executive officer must perform such functions as may be assigned to the executive officer by this Act or by the Authority.

(3) The executive officer must attend all meetings of the Authority.

(4) If the executive officer is absent or for any reason is unable to perform the functions of the executive officer or if there is a vacancy in the office of the executive officer, the chairperson of the Authority may designate an employee of the Authority to act as executive officer until the executive officer is able to resume the functions of executing officer or until an executive officer is appointed in terms of subitem (1)

(5) The Authority may, subject to the provisions of item 19(2)(b), appoint persons as employees of the Authority to assist in the performance of the functions of the executing officer.

(6) The terms and conditions of service of persons appointed under subitem (5) are determined by the Minister after consulting the Authority.

Delegation and assignment of functions

11 - Sections 46 (3) and (4) enable the Authority to delegate any of its powers or assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(4).

11. (1) The Authority may delegate any of its powers or assign any of its functions by or under this Act to any committee or the executive officer.

(2) Any permanent or ad hoc committee may delegate or assign any of its functions to any of its subcommittees.

(3) The executive officer may delegate any power or assign the performance of any function conferred or imposed upon the executive officer to any employee of the Authority.

(4) A delegation or assignment under subitem (1), (2) or (3 ) -

  1. must be in writing;
  2. may be subject to such conditions and restrictions as determined by the Authority, a permanent- or an ad hoc committee or the executive officer, as the case may be; and
  3. does not prevent the exercise of that power or performance of that function by the Authority, a permanent or an ad hoc committee or the executive officer, as the case may be.

Functions of the chairperson

12. (1) Every chairperson must, with regard to the Authority or committee which the person chairs -

  1. allow each party to appoint from among its members a person to act as convenor of such party for communication purposes. If a party does not appoint such convenor, the chairperson may appoint any member of that party as convenor of the party;
  2. cause meetings to be convened; and
  3. ensure the orderly conduct of meetings and that all resolutions are recorded.

(2) A chairperson may order any member to leave a meeting if in the opinion of the chairperson the behaviour of such member is disruptive to the orderly conduct of the meeting.

12(3) - If the chairperson of any other committee is unable to attend a meeting, a member of that committee may be elected in terms of item 17(3).

(3) If the chairperson of the Authority is unable to attend a meeting, the chairperson may designate another officer of the Mine Health and Safety Inspectorate, to chair the meeting.

(4) If the chairperson of a permanent committee is unable to attend a meeting, the executive officer may designate another employee of the Authority to chair the meeting.

Appointment and functions of secretary

13. (1) The executive officer must appoint a secretary for -

  1. the Authority and every permanent and ad hoc committee; and
  2. any subcommittee if the establishing Authority so requires.

(2) If a secretary is not appointed for a subcommittee, the members of that committee must keep a record of and report to the relevant establishing Authority on their activities.

(3) A secretary must, with regard to the Au~honty or committee for which the secretary is appointed -

  1. prepare the agenda for every meeting;
  2. prepare the minutes of every meeting;
  3. record every resolution of such meeting and if so requested by a member, the views of that member;
  4. keep general records, records of members, minutes, documents and files of the Authority, or such committee; and
  5. serve every member with -
    1. a convening notice and the agenda of a meeting at least five clear days before the meeting or two clear days before an urgent meeting;
    2. any reports or documentation to be considered at a meeting, a reasonable period before the meeting; and
    3. the minutes of every meeting.

Rights and obligations of members

14. (1) Any member who is unable to attend a meeting of the Authority or any committee -

  1. may designate any alternate of that member's party on the Authority or that committee, as the case may be, to represent the member at the meeting; and
  2. must before the meeting give notice of it to the chairperson.

(2) An alternate designated under subitem 1(a), has the rights and obligations of the member whom that alternate represents.

(3) Every member has the right to -

  1. be heard on any matter considered at the meeting;
  2. take part in the resolution of any matter before the meeting; and
  3. have their views, on any matter considered at the meeting, recorded in the minutes of the meeting and in any report or recommendation of the meeting.

Meetings

15. (1) The Authority must meet at least once every three months.

(2) Every permanent and ad hoc committee must meet at least once every two months.

(3) Subcommittees must meet at such intervals and frequency as determined by their activities and the dates for the completion of their tasks.

(4) An urgent meeting of the Au~hon~ or any committee may be called by the chairperson at the written request of at least two members or when the chairperson deems it necessary.

(5) The Authority may direct any committee to call an urgent meeting to resolve any matter determined by the Authority.

(6) A permanent or ad hoc committee may direct any of its subcommittees to call an urgent meeting to resolve any matter determined by such committee.

Quorum

16. (1) Eight members form a quorum for any meeting of the Authority or a permanent committee provided that at least two members of each party are present.

(2) The quorum for any other committee must be determined by the relevant establishing Authority.

(3) Despite subitems (1) and (2), if the convenors of the parties in the Authority or any committee so agree, a smaller number may constitute a quorum for an urgent meeting of the Authority or that committee, as the case may be.

(4) If a quorum is not present at a meeting, the meeting must be postponed to a date, time and place determined by the chairperson The members present at the subsequent meeting form a quorum for that meeting.

Procedures at meetings

17. (1) Items may be added to the agenda of any meeting if the meeting so decides.

(2) Any member who has a direct or personal financial interest in any matter before the meeting must, before the matter is discussed by the meeting, declare such interest to the meeting and the chairperson must determine whether such member may participate in the consideration of the matter.

(3) If the designated chairperson is not present at a meeting the members may elect from among their number a chairperson for that meeting.

Resolution of meeting

18. (1) The Authority or any committee must endeavour to reach consensus on any matter that requires resolution.

(2) If consensus cannot be reached on any matter after sincere endeavours to do so, a decision of the majority of members present and voting at a meeting constitutes the resolution on that matter by the Authority or any committee, as the case may be.

(3) Any report or advice of the Authority or any committee which reflects a resolution that was not reached by consensus, must reflect -

  1. the different views of the members on the matter so resolved; and
  2. which members supported each view.

(4) No resolution nor any act authorised by the Authority or any committee is invalid merely because of a vacancy on the Authority or that committee or because any person not entitled to sit as a member sat at such meeting at the time the resolution was taken or the act was authorised if a quorum was constituted by the rest of the members present at the meeting and entitled to sit as members at the meeting.

(5) The chairperson of a permanent committee has no voting right.

Funds of Authority

19(1) - In terms of Section 98(3)(d) the Minister, after consul tiny the Mining Qualifications Authority, by notice in the Gazette, may make regulations to provide for the funding of the Mining Qualifications Authority including the manner in which such funds may be raised.

19. (1) The funds of the Authority consist of -

  1. moneys appropriated by Parliament to perform its functions;
  2. moneys which accrue to the Authority in terms of regulations made under this Act or in terms of any other applicable law;
  3. revenue obtained from investments;
  4. fees obtained from services provided by the Authority;
  5. donations received from any person, body, government or administration; and 69 any other money received from any other source.
19(2)(a) and (b) - The regulations under section 98 (3) (d) require the agreement of the Minister of Finance for the provision of funds for the administration of the Aud~on~y and its commits from public funds.

(2) Moneys appropriated by Parliament must be used for -

  1. the payment to members who are not in the full-time service of the State of such remuneration and allowances as the Minister may determine with the agreement of the Minister of Finance;
  2. the payment of salaries, allowances, subsidies and other benefits as approved by the Minister with the agreement of the Minister of Finance to the executive officer and other employees of the Authority; and
  3. the payment for administrative functions of the Authority.

(3) Moneys referred to in subitem (l)(b), (c), (d) or 69 may be -

  1. used as contemplated in this Act;
  2. invested with any bank registered as such under the Banks Act, 1990 (Act No. 94 of 1990), or invested in such other manner as may be determined, by the Minister with the agreement of the Minister of Finance; and
  3. used to register or utilise any intellectual property of the Authority.

(4) Moneys referred to in subitem (l)(e) must be utilised in accordance with the conditions, if any, imposed by the donor of such moneys.

(5) The chairperson of the Authority must for each financial year, submit a statement of estimated income and expenditure during such financial year to the Minister who, with the agreement of the Minister of Finance, must approve the budget for -

  1. the first financial year, before the first meeting of the Authority; and
  2. every other financial year, before the beginning of such financial year.

Accounting

20 - Section 46(2)(b) provides that the Mining Qualifications Authority may administer and control its financial affairs.

20. (1) The executive officer is the accounting officer of the   Authority.

(2) The accounting officer is responsible for all moneys received and payments made by the Authority.

(3) The financial year of the Authority ends on 31 March in each year.

(4) The accounting officer must cause records to be kept in accordance with the Generally Accepted Accounting Principles that are necessary to represent fairly the state of affairs and business of the Authority and to explain the transactions and financial position of the Authority.

(5) Annual financial statements must be prepared in respect of every financial year. The statement must consist of -

  1. a balance sheet dealing with the state of affairs of the Authority;
  2. a return of income received and expenses incurred by the Authority; and
  3. a statement of cash flow information.

(6) The books of account, statements of account and annual financial statements of the Authority must be audited annually by the Auditor-General. The Auditor-General must compile a report on the audit and submit a copy of it to the Minister and the chairperson' of the Authority.

(7) The executive officer of the Authority must supply each member of the Authority with a copy of the report of the Auditor-General.

(8) As soon as practicable after the report of the Auditor-General has been submitted to the Minister in terms of subitem (6). the Minister must table it in Parliament.

Abolition of Authority and committees

21. (1) The Authority may be abolished by an Act of Part lament.

(2) The Authority may at any time abolish any committee

(3) A permanent or ad hoc committee may at any time abolish any subcommittee established by that committee.

Limitation of liability

22. (1) A member does not incur any civil liability only because of doing or failing to do something which such member may do or is required to do in terms of this Act.

(2) The Authority does not incur any civil liability only because a member or employee of the Authority took an action or failed to take an action under or in terms of this Act, and in taking or failing to take that action such person acted without negligence and in good faith.

Amendments to constitution

23 - Section 97(1) read with 97(4) of this Act authorises the Minister to add to, change or replace this Constitution, after consultation with the Council and the Mining Qualifications Authority, by publication in the Gazette.

23. (1) If the Minister or the Authority wants to amend the constitution, the Minister or the Authority, as the case may be, must serve a proposal conta~mng such amendments to the chairperson of the Council who must convene a meeting to consider the proposal.

(2) At such meeting the Council after consulting the Authority must consider the proposal and resolve either to -

  1. support the proposal as it is; or
  2. support the proposal with certain amendments; or
  3. oppose the proposal.

(3) The Council must submit its resolution and the comments or the proposal of the Authority, as the case may be, to the Minister.

(4) If the Council resolves to support the proposal with certain amendments or to oppose the proposal, the motivation for such resolution and the amendments, if any, must be included in the submission to the Minister.

(5) If the Authority wants the constitution to be amended -

(a) the proposal by the Authority is deemed to be consultation by the Council with the Authority contemplated in subitem (2); and

b) the resolution of the Council on the proposal by the Authority is deemed to be consultation by the Minister with the Council as contemplated in section 97(1).

(6) If the Minister is not satisfied with the amendments or the motivation for the amendments, the Minister may refer the proposal back to the Council for further consideration.

Interpretation

24. Unless the context indicates otherwise -

"alternate" means any person appointed as an alternate to a member under item 8(10);

"Authority" means the Mining Qualifications Authority established by section 41(3);

"chairperson" means any person who chairs any meeting of the Authority or a committee;

"clear day" means any day of the week except Sundays and public holidays;

"committee" means any permanent committee, ad hoc committee or subcommittee of the Authority;

"consensus" means unanimous agreement;

"education and training standards" means registered statements of desired education and training outcomes and their associated assessment criteria as defined in section 1 of the SAQA Act;

"establishing Authority" means -

(i) in the case of the Authority, Parliament by legislation;

(ii) in the case of a permanent or ad hoc committee, the Authority; and

(iii) in the case of a subcommittee, the Authority or any permanent or ad hoc committee that establishes the subcommittee;

"executive officer" means the executive officer appointed in terms of item 10(1) or designated in terms of item 10(4):

"learning" means a process by which a person gains skills, knowledge and values;

"member" means any member of the Authority or any committee and includes any alternate designated by such member to attend a meeting of the Authority or any committee on behalf of such member:

"National Qualifications Framework" means the National Qualifications Framework as defined in section 1 of the SAQA Act;

If a function of the Authority needs to performed on a permanent basis by a committee, the Authored may either delegate or assign the function to a permanent committee or establish a new permanent committee to perform the function.

"other committee" means -

  1. an ad hoc committee established for a limited term to perform any function of the Authority which is not a function of any permanent committee; and
  2. a subcommittee established by -
    1. the Authority to perform a function which is not assigned by or under this Act to a permanent committee; and
    2. a permanent or an ad hoc committee to perform any function of that committee;

"party" means employers, employees, or the State, as the case may be;

"qualification" means the formal recognition of the achievement of the required number and range of credits and such other requirements at specific levels of the National Qualifications Framework as may be proposed by the Mining Qualifications Authority and determined by the South African Qualifications Authority as defined in section I of the SAQA Act; and

"SAQA Act" means the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995).