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

Constitutions

Constitution of the Information Systems (IT), Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT SETA)

Chapter Twelve

12. Nomination and Appointment of Members of the Authority and Committees

 

12.1 Members of the Authority are nominated and appointed in accordance with this item and Schedule 2, it being of paramount importance that equal representation be effected on the Authority by organised employers and employees organisations.;

 

12.2 The establishing Authority shall invite nominations for three organised employers and three organised employees organisations' representatives in respect of each sector provided that they have complied with the provisions of item 11 above;

 

12.3 Once the appropriate nominations are received from the necessary organized employers organisations or employees organisations as recorded above, the relevant establishing Authority, subject to this Constitution must appoint the representatives; and
12.3.1 Must elect one of the representatives as chairperson and one of the representatives as deputy chairperson of the Authority, it being recorded that the two respective offices shall be occupied by one organised employers representative and one employees organisations representative simultaneously.

 

12.4 The nomination of any employer's / employees organisations' representatives to serve on the Authority as provided for in terms of this item shall be conducted in accordance with the rules and regulations of that particular organisation;

 

12.5 Special Interest Groups

"If the Minister, after consultation with organised employers including small business, organised labour, relevant government departments, considers it appropriate for the sector he may allow members of:

a) Any interested professional body;
b) Any bargaining council with jurisdiction in the sector, to form part of the isett Seta.

 

12.6 Period of Existence

The Authority shall, by its certificate of establishment, continue to exist for a period of 60 months in accordance with the Regulations published under Regulation Gazette 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 relevant Regulations or provisions as the case may be;

 

12.7 Liability of Members
12.7.1 No member or office bearer of the Authority shall be liable for any of the obligations and liabilities of the Authority solely by virtue of his or her status as a member or office bearer;
12.7.2 No office bearer or member of the Authority shall in any way be personally liable for any loss or damage suffered by any person as a result of the execution, attempted execution or non-execution in good faith of the office bearer's or member's duties and powers under this Constitution while that person was performing functions for or on behalf of the Authority, and members will be indemnified by the Authority for any such loss or damage.
12.7.3 The Authority indemnifies office bearers, representatives and employees of the Authority against any claims that may be made against them which may arise during the course and scope of their employment or performance of their duties, provided that such claim did not arise from dishonesty, fraud, breach of trust, willful default or willful breach of duty.
12.7.4 The Minister may after consultation with the National Skills Authority, by Notice in the gazette, direct the Director-General to appoint an administrator to take over the administration of the Authority as contemplated in Section 15 of the Act.
12.7.5 The Authority may be abolished by an Act of Parliament.

 

12.8 Terms and Conditions of Office of Members of the Authority
12.8.1 Members of the Authority (other than the Chief Executive Officer) shall hold office for a period of two years from the date of his or her nomination until:
• His or her term ends;
• His or her nomination is revoked by notice in writing to the Authority by the organisation that nominated him or her;
• He or she resigns, dies or otherwise becomes incapable of discharging his or her duties; or
• He or she is removed from office by the Authority, after being afforded an opportunity to be heard as a result of:
o Serious misconduct;
o Any violation of the Code of Conduct referred to hereinafter or any provisions of this Constitution;
o Being absent from three consecutive meetings of the Authority without good cause or the prior submission of an apology;
o Any conduct that may undermine the integrity of the Authority or which may bring the Authority or any of its members into disrepute; or
o Any other good reason or upon grounds sufficient in law.
12.8.2 Whenever a vacancy occurs in a Ministerial nominee member position, the Authority must inform the Minister concerned of the vacancy in writing as soon as practicable. The Authority may provide the Minister concerned with a list of recommended suitable candidates, and in selecting Ministerial nominees, the Minister concerned will consider any candidates who have been recommended by the Authority;
12.8.3 Whenever a vacancy occurs in any organised employees or organized employers representative's position, the Authority must as soon as practicable request the nomination of a replacement to fill the vacancy from the recognised employees' or employers' organisations, as the case may be.
12.8.4 Any person appointed to fill a vacancy in terms of this item shall occupy such position from the time of his of her appointment until the next general meeting of the Authority when that appointment will lapse.