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

Regulations

Regulations for the Conditions of Service and Appointment of the CEO of a SETA

2. Key elements in the appointment process of a CEO

 

(1) The Minister is responsible to appoint a CEO for the respective SETA, based on the three names recommended by the Accounting Authority in accordance with its constitution.

 

(2) The Accounting Authority of a respective SETA must—
(a) follow a recruitment process;
(b) place a national advertisement to invite candidates to apply for the position;
(c) have a short listing process by which selected candidates can be interviewed;
(d) have a selection committee to select candidates to be interviewed; and
(e) make a recommendation of three suitable candidates from which any one can be appointed by the Minister, after consultation with Cabinet and irrespective of the placement of the name in the list.

 

(3) The respective Accounting Authority must evaluate and verify that all processes linked to the key elements, related to the identification of the three suitable candidates, have been complied with as prescribed by the Regulations and policies developed by the respective SETA.

 

(4) The respective Accounting Authority must consider the identified suitable candidates presented by the selection committee and ensure that all three candidates have the necessary qualifications, experience and managerial skills needed for the incumbent in the post of a CEO for that SETA.

 

(5) The Accounting Authority must develop policies which reflect specific timeframes for the implementation of the key elements contained in sub-regulation (2).

 

(6) The Accounting Authority must make a recommendation to the Minister within 6 months of taking office, after following a transparent process, recommend in writing three qualified, experienced and suitable candidates with knowledge in accounting, financial and senior management matters for appointment to the position of the CEO by the Minister.

 

(7) The Chief Executive Officer must be appointed for a term of office that corresponds with the terms of office of the members of the Accounting Authority concerned but must stay in office for a period of six months if the SETA in question has been re-established.

 

(8) A Chief Executive Officer may be recommended by the respective SETA in terms of sub-regulation (6) for appointment by the Minister for a further term of office subject to satisfactory performance