Independent Trustee (x2)

Criteria for the selection of an Independent Trustee for the Nkulo Community Partnership Trust

Position(s) Available: Independent Trustee (x2)

Overview
The Nkulo Community Partnership Trust, here forth known as the Nkulo Trust, is established to serve the affected communities of Thungela Resources Limited. Thungela is one of the largest pure-play producers and exporters of thermal coal in South Africa, based on aggregate thermal coal reserves and marketable thermal coal production. Thungela also holds a 50% interest in Phola, which owns and operates the Phola Coal Processing Plant, and a 23.22% indirect interest in Richards Bay Coal Terminal (RBCT). Thungela’s rich South African heritage is what helps the company build thriving communities which the Nkulo Trust is one of the entities affected communities are served through.

The Nkulo Trust is built on the foundation of ensuring that the people from the affected areas in Mpumalanga are uplifted and empowered in a way that improves their quality of life. The Trust serves communities around the six operation sites, namely: Goedehoop, Mafube, Greenside, Kwezela, Zaibulo and Isibonelo Colliery. These operation sites are spread across two district municipalities; Gert Sibanda and Nkangala District Municipality, and three local municipalities; Govan Mbeki, Emalahleni and Steve Tshwete Local Municipality.

Role Description: To serve as an Independent Trustee on a community partnership Trust. The appointed Trustee(s) must be committed to community socio-economic development, transformation, and possess skills and expertise which will enhance the objective of the Trust. Please note the advertised positions are only open to South African citizens and applicants from all provinces within South Africa are encouraged to apply.

Trust Description: The Nkulo Trust is a registered Public Benefit Organisation (PBO) focusing on the affected areas (communities in South Africa immediately surrounding the operational Mines of the Group Companies) of the Thungela Resources Limited. The Nkulo Trust was established for the purpose of implementing, administering, and furthering the Trust Object set out in the deed. The sole object of the Trust is to utilise the economic benefits enabled by equity (and/or other permitted investments) for the long-term benefit of the affected communities.

Trust Public Benefit Activities/Priority Areas:
•Welfare and Humanitarianism
•Healthcare
•Land and Housing
•Education and Development
•Conservation, Environment and Animal Welfare

Role Requirements
1.Required Experience/Qualification:
The trust is looking for two Independent Trustees. Candidates with experience in one or more of the following are encouraged to apply:
•Relevant finance postgraduate or master’s degree with at least 10 years’ experience in the finance and/or fields relating to the Trust Public Benefit Activities/Priority Areas
•A minimum of 10 years executive management, trust governance, Board and Audit, Risk and Compliance Committee experience.
•Relevant developmental studies/and or related fields postgraduate degree or master’s degree with at least 10 years’ experience in social investment with a proven track record of designing, managing complex strategies, projects and/or initiatives.

Required Skills:
•Strong Leadership skills.•
Understanding of sustainable development (Social, Environmental, and Economic Development) at the community level.
•Understanding of community development and transformation concepts and issues

2.Profile of the Independent Trustee
•The Independent Trustees shall not be:
o Employed with and no material direct or indirect beneficial interest in the Trust, the Founder and/or a Group Company
o An office bearer of a political party, political movement, municipal council, provincial legislature, or national parliament.
o Beneficiary of the Trust
o Related or interrelated person to the Trust, Group Company, Traditional leader within the benefiting community, and a member of the Traditional Council within the Benefiting Area.
o a significant supplier to, or a customer of, a Group of Company, and the Trust.
o shareholder, employee, officer, director or related to any persons referred to above.

•The Independent Trustees shall:
o Ensure that the Trust complies with its Trust Deed and any other relevant legislation or regulations.
o Contribute actively to the Board by giving firm strategic direction to the Trust. This means helping to set overall policy, define goals, set targets, and evaluate performance.
o Safeguard the good name and values of the Trust and to represent the Trust as appropriate.
o Declare any conflict of interest while carrying out the duties as Trustee.
o Be knowledgeable about law applicable to Trusts and understand the legal duties attached to being an Independent Trustee.
o Always be independent of all and any parties to the Trust by not allowing other parties to exercise undue influence over Trustee decisions.
o Be collectively responsible for the actions of the Trust and other Trustees.
o Abide by the Trusts policies.
o Ensure the financial stability of the Trust.
o Protect and manage the property/assets of the Trust and ensure the proper investment of the Trusts funds.
o Ensure the Trust is properly insured against all reasonable liabilities.
o Use any specific knowledge, expertise, or experience to help the Trust to reach sound decisions.
o Attend Trustee meetings (virtual or in-person) and ensure adequate preparation of the meetings.
o Participate in other tasks as they arise from time to time, such as interviewing new Trustees, stakeholder engagements, attend events and site visits.
o Keep up to date about the activities of the Trust and wider issues which affect its work.

3. Candidate Criteria:
Trustees carry full responsibility and owe a duty of care and skill to the Trust; thus, Trustees are bound to act in the best interests of the Trust’s beneficiaries in a fiduciary capacity. The candidate must have a clear understanding of the fiduciary duties of a Trustee and demonstrate the following characteristics and values:
•Integrity: the nominated Independent Trustee(s) must have experience in a position of trust requiring him or her to act in good faith and avoid conflicts of interest.
•Independence: the nominated Independent Trustee(s) must be able to exercise judgment independently and to that end should not occupy any political office (in any political party) or occupy a position in any sphere of government.
•Competence: the nominated Independent Trustee(s) must have obtained a degree or equivalent qualification and have demonstrable practical knowledge of business management, social development and/or Trusts. The nominated Independent Trustee(s) must have an understanding and acceptance of the legal duties, responsibilities, and liabilities of Trusteeship.
•Collaborative: the nominated Independent Trustee(s) must be able to work effectively within in a team and actively participate and contribute to the agenda of the Trust. The nominated Trustee(s) will be required to regularly engage with other Trustees, such as the founder Trustees and/or any Trustees appointed. The nominated Independent Trustee will also be required to engage with other service providers appointed to manage the Trust such as trust managers and auditors.
•Problem Solving: the nominated Independent Trustee(s) should have the ability to find solutions to difficult and complex issues.

Application Process
Preference will be given to candidates with a verifiable track record as a Trustee. Candidates must be South African Citizens. Only shortlisted candidates will be contacted.Interested candidates should submit a comprehensive CV with the details of three contactable references and a one-page cover letter to Nkulo.trustees@tshikululu.org.za.

Successful candidates will undergo thorough background and reference checks. Applications are open to candidates from all provinces. Interviews will be held in-person. Candidates will be required to cover their own travel costs to the interview.

Should you not be contacted 21 days from the closing date, kindly consider your application unsuccessful.

Closing date: 04 June 2024, 23:59 pm, Central African Time (CAT). Applications received after this date will not be considered.

For any enquiries, kindly call Tshikululu Social Investments on +27 (011) 544 0300