The affairs of the Charter Council are managed by a Board, which consists of 21 people. The following entities constitute the Board of the Charter Council
- 4 Government representatives comprising :-
- 2 representatives from the National Treasury;
- 1 representative from the Department of Trade and Industry; and
- 1 representative from the Presidency;
- 3 representatives from the Association of Black Securities and Investment Professionals (ABSIP);
- 4 representatives from the NEDLAC labour constituency (COSATU, NACTU and FEDUSA);
- 4 representatives from the NEDLAC community constituency;
- 6 representatives from the Trade Association Members.
Chairperson
The chairperson is elected from amongst the members of the Charter Council each year on a rotating basis amongst the different constituencies. The current chairperson is Nkosana Mashiya, representing the National Treasury.
Principal Officer
- The Board has appointed a Principal Officer who is responsible for the administrative functions of the Board and the day to day running of the Charter Council.
Council Structure
Decision Making Process
All submissions need to be sent first to the relevant committee of the Charter Council for discussion and recommendation. Submissions can be sent to the relevant committee via the Principal Officer and Council office. The committee will then make a recommendation to the Operations Committee, who will refer the matter to the Board for a decision. Decisions must be reached on a consensus basis. Decisions can be vetoed by any one constituency.
Dispute resolution
If at a meeting of the Board it is not possible to achieve consensus on any motion before the Board then that motion will fail. If consensus cannot be achieved on any motion before the Board, then the motion will be sent for dispute resolution to the mediation committee of the Board The mediation committee decisions must be made by consensus.
If the mediation committee has also not achieved consensus within ten working days after the dispute has been referred to it, then unless the dispute is one on a matter which must be referred to adjudication, the motion will be deemed to have failed.
Adjudication
If at a meeting of the Board it is not possible to achieve consensus on any motion before the Board, and the mediation committee has also not achieved consensus within ten business days after the dispute has been referred to the mediation committee, and that motion relates to –
- the interpretation of the Charter; or
- any issue which will give rise to the adjudication of scorecards under the Charter
- then the matter shall be referred to adjudication
The adjudication shall be conducted by a panel of adjudicators appointed from a list of 12 appropriately qualified individuals.
The decision of the panel, or of the majority of the members of the panel if the decision is not unanimous, will be final and will bind all the Charter Participants. |
Structure
