A. 41-46. Tripartite Institutions Flashcards
What are the requirements for a Mine Health and Safety Council?
- Mine Health and Safety Council.-
1) The Council consists of-
a) five members representing employers in the mining industry;
b) five members representing employees in the mining industry;
c) four members representing departments of the State; and
d) the Chief Inspector of Mines, who must chair the Council.
2) The Minister must appoint the members of the Council in accordance with the regulations.
2A) The Council may appoint members to committees, ad hoc subcommittees and other committees, for any period of time and on any conditions.
2B) The structure and functions of any committee contemplated in subsection (2A) must be provided for in the constitution contemplated in section 97(3).
3) The Council and its committees must govern themselves in accordance with the constitution contemplated in section 97(3).
4) The Council may delegate any of its powers and assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(3).
5) A delegation or an assignment under subsection (4)-
a) must be in writing;
b) may be subject to such conditions and restrictions as the Council may determine; and
c) does not prevent the exercise of that power or the performance of that duty by the Council.
6) Members of the Council, or of a committee of the Council, are each entitled to have their views reflected in any report of the Council or committee, as the case may be.
7) Each year, the Minister, with the agreement of the Minister of Finance, must provide sufficient funds for the administration of the Council, and committees of the Council, from public funds.
Why must a tripartite institution be established?
- Establishment of tripartite institutions.-
1) A Mine Health and Safety Council is hereby established to advise the Minister on health and safety at mines.
2) A committee, ad hoc committee or subcommittee may when necessary be established, which committee may include-
a) the Mining Regulation Advisory Committee;
b) the Mining Occupational Health Advisory Committee; and
c) the Safety in Mines Research Advisory Committee.
3) A Mining Qualifications Authority is hereby established to advise the Minister on-
a) qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education;
b) standards and competency setting, assessment, examinations, quality assurance and accreditation in the mining industry; and
c) 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 of1995).
What are the duties of the Council?
- Council’s duties.-
The Council must-
a) advise the Minister on health and safety at mines including, but not limited to, any legislation on mine rehabilitation in so far as it concerns health and safety;
b) co-ordinate the activities of its committees, receive reports from the committees and liaise with the Mining Qualifications Authority on matters relating to health and safety;
c) liaise with any other statutory bodies concerned with matters relating to health and safety;
d) promote a culture of health and safety in the mining industry;
e) at least once every two years arrange and co-ordinate a tripartite summit to review the state of health and safety at mines;
eA) annually advice the Minister on relevant research relating to health and safety at mines; and
f) perform every duty imposed upon the Council in terms of this Act.
What are the requirements for the Mining Qualifications Auhority?
- Mining Qualifications Authority.-
1) The Mining Qualifications Authority consists of-
a) five members representing employers in the mining industry;
b) five members representing employees in the mining industry;
c) four member representing departments of State; and
d) the Chief Inspector of Mines, who must chair the Mining Qualifications Authority.
2) The members of the Mining Qualifications Authority must be appointed in accordance with the constitution contemplated in section 97(4).
3) The Mining Qualifications Authority and its committees must govern themselves in accordance with the constitution contemplated in section 97(4)
What are the functions of the Mining Qualifications Authority?
- Mining Qualifications Authority’s functions.-
1) The Mining Qualifications Authority must-
a) seek registration in terms of the South African Qualifications Act, 1995 (Act No.58 of 1995), as a body responsible for generating education and training standards and qualifications as contemplated in section 5(1)(a)(ii)(aa) of that Act;
b) seek accreditation in terms of the South African Qualification Act, 1995 (Act No.58 of 1995), as a body responsible for monitoring and auditing achievements as contemplated in section 5(1)(a)(ii)(aa) of that Act;
c) propose education and training standards and qualifications to bodies registered with that Authority and responsible for developing education and training standards;
d) generate education and training standards and qualifications in the mining industry;
e) monitor and audit achievement in terms of the standards and qualifications; and
f) perform the functions of sector education and training authority in terms of the Skills Development Act, 1998 (Act No.97 of 1998)
2) The Mining Qualifications Authority-
a) may appoint permanent and ad hoc committees, and subcommittees, for any period and on any conditions;
b) must administer and control its financial affairs in accordance with the Skills Development Act, 1998 (Act No.97 of 1998); and
c) may do anything necessary to achieve its objectives.
3) The Mining Qualifications Authority may 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).
4) A delegation or an assignment under subsection (3)-
a) must be in writing;
b) may be subject to such conditions and restrictions as the Authority may determine; and
c) does not prevent the exercise of that power or the performance of that duty by the Authority.
5) In performing its functions, the Mining Qualifications 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 South African Qualifications Authority Act, 1995 (Act No.58 of 1995).
