| (1) | The Commission will be governed by the governing body, whose acts are acts of the Commission. 26 |
| (2) | The governing body consists of— |
| (a) | a chairperson and nine other members, each nominated by NEDLAC and appointed 27 by the Minister to hold office for a period of three years; and |
| (i) | is a member of the governing body only by virtue of having been appointed director; and |
| (ii) | may not vote at meetings of the governing body. |
| (a) | one independent person for the office of chairperson; |
| (b) | three persons proposed by those voting members of NEDLAC who represent organised labour; and |
| (c) | three persons proposed by those voting members of NEDLAC who represent organised business; |
| (d) | three persons proposed by those voting members of NEDLAC who represent the State. |
| (4) | The governing body may appoint any of its members to act as chairperson whenever— |
| (a) | the chairperson is absent from the Republic or from duty, or for any reason is temporarily unable to perform the functions of the chairperson; or |
| (b) | the office of the chairperson is vacant. |
[Section 116(4) inserted by section 12 of Notice No. 1304, GG 42061, dated 27 November 2018]
| (5) | An acting chairperson is competent to exercise and perform any of the powers of the chairperson. |
[Section 116(5) inserted by section 12 of Notice No. 1304, GG 42061, dated 27 November 2018]
| 26 | See item 4 of Schedule 3 for the governing body rules of procedure |
| 27 | See items 1 to 3 of Schedule 3 for the terms of appointment of members of the governing body. |
