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

Constitutions

Constitution of the Insurance Sector Education and Training Authority (INSETA)

Legal Entity

 

Purpose of the Constitution

 

The purpose of this Constitution is to provide an institutional framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African workforce.

 

Name

 

The name of this Sectoral Education and Training Authority (SETA) is the Insurance SETA, hereinafter referred to as INSETA.

 

Legal Status

 

This is the Constitution of INSETA established in accordance with Sections 9 of the Act.

 

Address

 

The address of this SETA is:

INSETA

11 St. Andrews Road

Oakhurst office Park

North Wing, Ground Floor

Parktown

2193

 

Tel: (011) 544 2000

Fax: (011) 484 0862

E-Mail: [email protected]

 

Legal Personality

INSETA is a public entity listed in schedule 3a of the PFMA and will:

• Have a separate identity and existence distinct from its office bearers, constituents and representatives;
• Hold property and assets distinct from its office bearers, constituents and representatives;
• Not be entitled to carry on any business which has for its object the acquisition of gain for itself or its office bearers, representatives or constituents;
• Be required to use its funds solely for the objects for which it has been established or for investment in terms of an investment policy as approved by the National Treasury;
• Shall be entitled to raise funds, generate income and charge fees in accordance with any relevant legislation;
• Be capable at law of suing and being sued, of investing funds and of operating banking and other accounts, of entering into contracts and doing or performing such other acts or things as body corporates may do or perform, subject to the provisions of this constitution and the Act;
• Continue to exist notwithstanding changes in its office bearers, constituents or representatives; and
• Be dissolved in accordance with the requirements of the Act, should dissolution become necessary for any reason.

 

Period of Existence

 

INSETA shall, by its certificate of establishment, continue to exist for a period of 60 months in accordance with the Regulations published under Regulation number 20442 dated 7 September 1999 and shall 12 months prior to the expiry of its first certificate, apply for renewal thereof in accordance with the prevailing provisions or regulations of the Act.

 

Legislative Framework

 

The Constitution must be read in conjunction with the following legislation and any amendments thereto:

• Skills Development Act, 1998 (Act No. 97 of 1998).
• Skills Development Levies Act, 1999 (Act No. 9 of 1999).
• South African Qualifications Authority Act, 1995 (Act No. 58 of 1995).
• Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended.

 

Process of amending the Constitution

 

The provisions of this Constitution may be amended only

• by the decision of at least two thirds of the Council members present at a quorate meeting of the Council; and
• if approved by the Minister.

 

There must be at least 30 days notice of a meeting at which an amendment of the Constitution is to be considered.

 

The secretary must send copies of any proposed amendment together with the agenda for the meeting.