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

Constitutions

Constitution of the Public Service Sector Education and Training Authority (PSETA)

11. Chairperson and Vice-Chairperson

 

(1) Elections of Chairperson and vice-chairperson

 

(a) The Board must at the first meeting of each new term appoint a chairperson in terms of clauses 9(1)(e), 11 (1)(b), 11 (I)(c) or 11 (1)(d);
(b) The Members of the Board shall nominate at least 5 independent candidates from a list compiled by Members of the Board to be voted as Chairperson of the Board.
(c) The nominee who receives the highest number of votes must be declared elected as Chairperson of the Board.
(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 Board.
(e) The Board must at the first meeting of each new term of office elect from among its Members a vice-chairperson.

 

(2) Terms of office

 

The Chairperson and vice-chairperson shall hold office for the period of their term of office as Members of the Board.

 

(3) Chairperson

 

The chairperson of the Board must—

(a) preside at meetings of the Board and Executive Committee;
(b) conduct such meetings in accordance with clause 13; and
(c) perform any further duties or functions determined by the Board or 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 Board or 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 Board 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 Board must replace him or her in the manner contemplated in clause 9(l0)(e) read with clause 11(1).