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Skills Development Act, 1998 (Act No. 97 of 1998)

Constitutions

Constitution of the Health and Welfare Sector Education and Training Authority (HWSETA)

11. Chairperson and Vice-Chairperson

 

(1) Elections of chairperson and vice-chairperson

 

(a) The Authority must at the first meeting of each new term of office elect from among its members—
(i) a chairperson; and
(ii) a vice-chairperson.
(b) At the first meeting of each new term of office the Chief Executive Officer must call for nominations for chairperson of the Authority. If there is only one nomination, then the Chief Executive Officer must declare the member concerned elected as chairperson. If there is more than one nomination, the Chief Executive Officer must conduct a closed ballot.
(c) The nominee who receives the highest number of votes must be declared elected as chairperson of the Authority.
(d) If two nominees receive the same number of votes, then the Chief Executive Officer must draw one of the names from a hat or box and that person must be declared elected as the chairperson of the Authority.
(e) The vice-chairperson must be elected in the same manner as the chairperson, provided that if the chairperson is a member who represents Organised Employers, then the vice-chairperson must be a member who represents Organised Labour and vice versa.

 

(2) Terms of office

 

The chairperson and vice-chairperson shall hold office for the period of their term of office as members of the Authority.

 

(3) Chairperson

 

The chairperson of the Authority must—

(a) preside at meetings of the Authority;
(b) conduct such meetings in accordance with clause 13; and
(c) perform any further duties or functions determined by the Executive Committee.

 

(4) Vice-chairperson

 

The vice-chairperson must—

(a) assist the chairperson perform his or her duties;
(b) exercise the powers and duties of the chairperson in his or her absence; and
(c) perform any further functions determined by the Executive Committee.

 

(5) Temporary absence or incapacity of chairperson or vice-chairperson

 

(a) If the chairperson is temporarily absent or incapacitated then the vice-chairperson must perform the functions of the office of chairperson for the period of such absence or incapacity.
(b) If the vice-chairperson is temporarily absent or incapacitated then the Executive Committee must appoint a member to perform the functions of that office for the period of such absence or incapacity.

 

(6) Vacation of office

 

(a) The chairperson or vice-chairperson shall vacate his or her office if—
(i) he or she is removed as a member as contemplated in clause 9(9); or
(ii) 75% of the members of the Authority pass a resolution to remove him or her from office, notice of which must be given at least 10 days before the convening of the meeting at which the resolution is passed.
(b) If the chairperson or vice-chairperson vacates his or her office as contemplated in clause 11(6)(a), the Authority must replace him or her in the manner contemplated in clause 9(10) read with clause 11(1).