PART III ESTABLISHMENT AND POWERS, DUTIES AND FUNCTIONS
|Establishment of the Mine Health and Safety Board
3.1 There is hereby established a committee to be known as the Mine Health and Safety Board.
Functions of the Board
3.2 The functions of the Board shall be -
(a) to consider proposals for the amendment of these regulations or any rules made thereunder and to make recommendations thereon to the Minister;
(b) to hear and decide on any appeal against any order of the Chief Inspector under these regulations;
(c) to advise the Minister in relation to -
(i) the application of these regulations;
(ii) the working of mines in so far as it relates to health and safety of persons employed or otherwise present in or at such mines and to the protection of other persons, property, the environment and natural resources from hazards arising from any operations at such mines;
(iii) any power, duty or function which may or is required to be exercised or performed in terms of these regulations;
(iv) any other matter on the health and safety of persons employed or otherwise present in or at mines which in the opinion of the Board is necessary or expedient for purposes of achieving the objective of these regulations, or which is referred to the Board by the Minister for any such purpose.
Constitution of the Board
3.3 (1) The Board shall consist of -
(a) the Permanent Secretary or any other officer other than the Chief Inspector designated by the Permanent Secretary, who shall be the chairperson of the Board;
(b) one person appointed by the Minister by reason of his or her special knowledge and experience of occupational health and safety matters and aspects of the Board's functions;
(c) four other persons appointed by the Minister of whom -
(i) two and their alternates are, in the opinion of the Minister, representative of the interests of registered trade unions;
(ii) two and their alternates are, in the opinion of the Minister, representative of the interests of registered employers' organizations, and selected by the Minister from persons nominated in accordance with the provisions of sub-regulation (2).
(2) For purposes of the appointment of members in terms of paragraph (c) of sub-regulation (1), the Minister shall from time to time invite, by notice in writing, registered trade unions and registered employers' organizations to nominate such number of persons as may be specified in such notice who in the opinion of any such registered trade union or registered employers' organization represent their interests and are fit and proper persons to be appointed as members of the Board.
(3) The Board may co-opt, with the concurrence of the Minister, on such conditions as may be determined by the Minister and for such period, if any, as may be so determined from time to time, one or more persons to assist it in the performance of its functions, but such person or persons shall not be entitled to vote on any matter before the Board.
Terms of office and conditions of service of members of the Board
3.4 (1) Subject to the provisions of regulation 3.4(2), a member of the Board other than the chairperson shall hold office for a period not exceeding three years, but may be re-appointed at the expiration of that period.
(2) A member of the Board who is not employed in the public service on a full-time basis shall out of moneys appropriated by law be paid such remuneration and allowances, if any, and in respect of a journey undertaken for purposes of the business of the Board, such subsistence and travelling allowances as the Minister may, with the concurrence of the Minister of Finance, determine.
(3) The remuneration and allowances determined under sub-regulation (2), may differ according to the office held by the member of the Board concerned or the functions performed by him or her.
Vacation of offices by members of the Board
3.5 (1) A member of the Board shall vacate his or her office, if -
a) such member is by reason of his or her physical or mental illness or for any other reason incapable of acting as member of the Board;
(b) such member is convicted of an offence and sentenced to imprisonment without the option of a fine;
(c) such member, by writing under his or her hand addressed and delivered to the Permanent Secretary, resigns from his or her office as a member of the Board;
(d) such member has absented himself or herself from two consecutive meetings of the Board without the leave of the Board.
(2) Any vacancy on the Board caused by the death or vacation of office by any member of the Board shall, with due regard to the provisions of regulation 3.2, be filled for the unexpired portion of the period of office of the member of the Board who has died or vacated his or her office, as the case may be.
Meetings of the Board and decisions
3.6 (1) A meeting of the Board shall be held at such time and place as may be determined by the chairperson of the Board.
(2) The majority of the members of the Board shall form a quorum for a meeting of the Board.
(3) The chairperson of the Board shall preside at all meetings of the Board at which he or she is present.
(4) When the chairperson of the Board is absent from a meeting of the Board the members of the Board present shall elect a chairperson from among their number to act as chairperson at that meeting, and while he or she so acts he or she shall have all the powers and shall perform all the duties of the chairperson.
(5) A decision of the majority of the members of the Board present at the meeting of the Board shall be a decision of the Board: provided that in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.
(6) No decision taken by the Board or act performed under the authority of the Board shall be invalid by reason only of the fact that any person who is not entitled to sit as a member of the Board sat as a member of the Board when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the Board who were present at the time and entitled to sit as such members.
(7) The Board shall cause a record to be kept of the proceedings of the meetings of the Board.
(8) The Board may make rules in relation to the holding of, and procedures at, meetings of the Board.
Procedure to be followed by the Board
3.7 (1) The Board shall commence hearing of an appeal lodged in terms of regulation 25.1 on a date, time and place fixed by the chairperson of the Board and notified to the appellant and the Chief Inspector.
(2) The chief inspector shall submit to the chairperson and the appellant a statement of the reasons for the decision or order against which the appeal has been submitted and inform the chairperson as to the witnesses and evidence likely to assist the Board in deciding the appeal.
(3) The hearing of the appeal shall consist of the hearing of oral testimony given on oath or under affirmation, inspections of relevant objects or places, documentary evidence or any other form of evidence admissible in a court of law, and arguments by the Chief Inspector and by the appellant or his or her representative on all evidence on record.
(4) The Board shall first hear the evidence tendered by the Chief Inspector and shall afford the appellant or his or her representative an opportunity to cross-examine him or her, whereupon the evidence of the appellant shall be heard whereupon he or she may be cross-examined by each member of the Board.
(5) The Board may call other witnesses who may be cross-examined by the appellant or his or her representative.
(6) The Chief Inspector may, through the chairperson, question any witness on any matter relevant to the subject of the appeal.
(7) Any evidence or testimony shall be recorded and transcriptions thereof shall be made available to the interested parties.
(8) At the conclusion of the evidence the Chief Inspector shall first address the Board on the evidence, and thereafter the appellant or his or her representative shall address the Board.
(9) Any witnesses, except the appellant and the Chief Inspector, shall be excluded from the hearing until called to testify.
Decision of the Board
3.8 (1) The chairperson shall convey the decision of the Board to any appellant.
(2) The decision of the Board shall be final.
Performance of administrative functions of the Board
3.9 (1) The administrative and clerical work involved in the performance of the functions of the Board shall be performed by officers in the Ministry of Mines and Energy made available by the Permanent Secretary for that purpose.
(2) The Permanent Secretary may designate an officer referred to in sub-regulation (1) as secretary of the Board.
Powers of the Board
3.10 The Board may exercise such powers of inspectors under this Act as it deems necessary or expedient for the purpose of discharging its functions under this Act.
Recovery of costs
3.11 In case the decision of the Board in the hearing of any appeal is given against the appellant in any respect, the Board may direct that the costs which were incurred by the Board in the hearing of the appeal or in the conducting of any inquiry as well as any fees payable to any witnesses who may have been summoned to appear before it be borne in its entirety, or in such proportion as the Board may determine, by the appellant.