ELIGIBILITY CRITERIA

FOR CANDIDATES

The Duties of Trustees, as set out in the Pension Funds Act in Section 7D, are to: 

  1. Ensure that proper registers, books and records of the operations of the fund are kept, inclusive of proper minutes of all resolutions passed by the Board;

  2. Ensure that proper control systems are employed by or on behalf of the Board;

  3. Ensure that adequate and appropriate information is communicated to the members and beneficiaries of the fund informing them of their rights, benefits and duties in terms of the Rules of the fund, subject to such disclosure requirements as may be; 

  4. Take all reasonable steps to ensure that contributions are paid timeously to the fund in accordance with this Act;

  5. Obtain expert advice on matters where board members may lack sufficient expertise;

  6. Ensure that the rules and the operation and administration of the fund comply with this Act, the Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001), and all other applicable laws; and

  7. Comply with any other prescribed requirements.

IMPORTANCE OF THE BOARD TO THE FUND

 

Members of the Board of Trustees should ideally exhibit a broad understanding of strategic issues relevant to business management in general and retirement funds and the EPPF specifically. They should ideally have leadership capabilities, skill and foresight to be able to oversee and guide management of the Fund. Board Members must be able to serve the Fund in an unbiased manner, irrespective of the constituency they represent.

 

Board Members are expected to have the necessary experience and training that will enable them to take a strategic view of matters concerning the Fund. They may be required to attend regular training to improve their expertise and knowledge.

The fiduciary duties of a Board Member require dedication and understanding that goes beyond normal operational matters.

 

Board Members are required to attend regular Board of Fund, and possibly Committee meetings in Johannesburg and must be able to allocate sufficient time to attend meetings and to be able to study relevant documents and agenda packs. A good level of electronic skills is required, as Board documents are distributed in electronic format.

All travel and accommodation costs to attend meetings and/or training events, where necessary, will be paid by the Fund, subject to prior approval.

WHAT ARE THE CANDIDATE ELIGIBILITY CRITERIA?

 

Board members carry an important responsibility of ensuring that the affairs of the Fund are managed in the best interest of its members.

 

For this reason, it is important that trustees are people of integrity, and who are appropriately skilled and have the experience necessary to enable them to perform their duties diligently. Accordingly, the Fund Rules disqualify the following persons from standing as candidates for election to the Board:

 

Any person who:

 

  1. is a member of the Fund administration or is employed by the Fund;

  2. is a member of the Executive Committee of the Eskom Holding SOC Limited or a member of its governing board;

  3. has been or is found guilty of fraud, theft, forgery or uttering a forged document, perjury, any offence involving dishonesty, any offence in connection with any company or public office or with the promotion, formation or management of a company or any other criminal offence by a court of law or properly constituted inquiry;

  4. has been or is declared insolvent, sequestrated or placed under judicial management and has not been rehabilitated;

  5. has been or is declared unfit to hold office as a public official, director of companies or any other position of trust due to mental incapacity, criminal record or any other reason;

  6. has been, was or is removed from office as a Board Member in terms of Section 3.5 (4) of the Rules;

  7. has served as a Board Member for two consecutive terms of four (4) years each, in terms of Section 3.4(2) of the Rules;

  8. has been or is dismissed from the service of any employer on account of misconduct; and

  9. has been removed as or refused to be allowed to become or has been found unfit and proper to be approved for becoming, a Board Member by the Financial Sector Conduct Authority

SUBMISSION REQUIREMENTS FOR CANDIDATES?

 

After the closure of nominations, each qualifying candidate will be required to indicate, in writing, their acceptance of the nomination, and to provide the following minimum information to the Independent Electoral Officer:

  • A Candidate Nomination Acceptance Form;

  • A Background Checks Consent and Indemnity Form;

  • A certified copy of ID/Passport; and

  • Certified copies of their highest qualifications

HOW WILL CANDIDATES BE SHORTLISTED?

 

All candidates will be subjected to fitness and propriety background checks. The checks will be conducted by the Independent Electoral Officer. When accepting their nomination, candidates will be required to complete and sign a Background Checks Consent and Indemnity Form. Failure to complete the consent form will result in the disqualification of the candidate.

The list of shortlisted candidates will be made available to all members on this website, or on request from the Independent Electoral Officer after the nomination process has closed on 7 October 2019. Fund members, including

candidates, will have the opportunity to lodge objections against any of the shortlisted candidates. The grounds for such objections, however, will be limited to:

 

  • Candidate nominations that have not been submitted in accordance with the prescribed rules and procedures; or

  • Candidates who do meet the Candidate Eligibility Criteria set out in the Fund Rules and Election Policy.

 

To be considered, objections must be in writing, accompanied by verifiable evidence, and lodged with the Independent Electoral Officer, within the specified time frame to be published with the Shortlisted Candidate List.

Upon completion of the background checks, and consideration of the objections, candidates will, prior to the Independent Electoral Officer making the final decision regarding the status of their candidature, be given an opportunity to clarify any adverse findings against them. Thereafter, the Independent Electoral Officer will publish the Final Candidate List. This will signify completion of the Candidate Nomination Phase.

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