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

Chapter 2 : Skills Authority

7. Constitution of National Skills Authority


(1) The National Skills Authority must, as soon as possible after the appointment of its members, adopt its constitution.


(2) Subject to this Act, the constitution of the Authority—
(a) must provide for—
(i) procedures for the nominations of members of the Authority referred to in section 6(2)(a), (b), (c) and (g);
(ii) the establishment and functioning of committees, including an executive committee;
(iii) subject to subsection (3), the rules for convening and conducting of meetings of the Authority and its committees, including the quorum required for and the minutes to be kept of those meetings;
(iv) the voting rights of the different members and the manner in which decisions are to be taken by the Authority and its committees;
(v) a code of conduct for the members of the Authority;
(vi) the determination through arbitration of any dispute concerning the interpretation or application of the constitution; and
(vii) subject to subsections (4) and (5), a procedure for amending the constitution and advising the Minister on regulations to be made; and
(b) may provide for—
(i) the delegation of powers and duties of the Authority to its members, committees and employees, provided that the Authority may impose conditions for the delegation, may not be divested of any power or duty by virtue of the delegation and may vary or set aside any decision made under any delegation; and
(ii) any other matter necessary for the performance of the functions of the Authority.


(3) At least 30 days notice must be given for a meeting of the Authority at which an amendment of the constitution or a regulation to be made is to be considered.


(4) A supporting vote of at least two thirds of the Authority's members and the approval of the Minister is required for an amendment to its constitution.


(5) A supporting vote of at least two-thirds of the Authority's members is required for advising the Minister on regulations to be made.


(6) Despite subsection (2)(a)(i), the Minister must determine the procedure for the nominations for the first appointment of members of the Authority referred to in section 6(2)(a), (b), (c) and (g).