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

Chapter 3 : Sector Education and Training Authorities

11. Composition of SETA



(a) Subject to paragraph (b), the Minister must appoint the Chairperson of the Accounting Authority of a SETA after consultation with the National Skills Authority.
(b) The Minister must by notice in the Gazette invite nominations for the position of Chairperson of an Accounting Authority from interested parties in the relevant sector.



(a) Subject to paragraph (b) and section 13(2), the Minister must appoint 14 persons as members of the Accounting Authority of a SETA.
(b) The members referred to in paragraph (a) may not include more than—
(i) six persons who must be nominated by organised labour;
(ii) six persons who must be nominated by organised employers; and
(iii) two persons who must be nominated by—
(aa) any government department that has an interest in the relevant sector and that is not an organised employer;
(bb) any interested professional body;
(cc) any bargaining council with jurisdiction in the sector in question; or
(dd) any organisation in a community that has an identifiable interest in skills development in the sector in question.



(a) The members referred to in subsection (2) have full voting rights and, subject to paragraph (b), the Chairperson has no voting rights.
(b) In the case of an equality of votes, the chairperson has a casting vote.


(4) In appointing the members of contemplated in subsection (2), the Minister must ensure, in so far as is practicably possible, that the membership of the Accounting Authority in question—
(a) represents the interest identified in the national skills development strategy contemplated in section 5(l )(a)(ii);
(b) taken as a whole, achieves—
(i) gender representation;
(ii) demographic representation;
(iii) representation of disadvantaged persons or communities which have been prejudiced by past racial and gender discrimination in relation to access to skills development programmes; and
(iv) a blend of knowledge, skills and experience required for the effective functioning of the SETA in question; and
(c) is drawn from the ranks of senior officials in the organisations in question.


(5) The Minister must at least three months before the end of the period contemplated in section 9(1)(a) request the Chief Executive Officer of the relevant SETA contemplated in section 13B to invite nominations from organised labour, organised employers, government departments, professional bodies, bargaining councils and organisations contemplated in subsection (2) and listed in the constitution of the relevant SETA.


[Section 11 amended by section 9 of Act No. 26 of 2011]