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


Constitution of the Chemical Industries and Training Authority (CHIETA)

11. Office Bearers of the Governing Board


11.1 The Governing Board shall comprise of Elected Office Bearers represented by the Chairperson and the Deputy-Chairperson and Appointed office Bearers represented by the Executive Officer, the CHIEF Financial Officer and the Secretary.


11.2 Chairperson and Deputy-Chairperson


11.2.1 The members will, subject to the provisions of clause 11.2.2 and 11.2.3, at the first meeting of the Governing Board elect a Chairperson and Deputy-Chairperson from amongst the voting members. Thereafter, at the first meeting of each new Governing Board (i e at each new two year term of office) appoint from among its voting members a Chairperson and Deputy-Chairperson who will each hold office for a period of two years or for such shorter period as he/she may be a voting member of the Governing Board.
11.2.2 If the Chairperson is appointed from members representing organised labour then the Deputy-Chairperson may be appointed only from members representing organized employers and vice versa.
11.2.3 If the Chairperson or Deputy-Chairperson is a member nominated from organised labour, only members of organized labour may participate in the election of their appointee and the same principle will apply to members representing organized employers where the appointee is a member nominated by them.
11.2.4 The term of office of the Chairperson and Deputy-Chairperson commences at the start of the new two year period and expires at the end of the biennial general meeting.
11.2.5 Nominations for the office of the Chairperson or Deputy-Chairperson of the Governing Board will be submitted in writing to the Executive Officer.
11.2.6 Whenever a vacancy arises in the office of the Chairperson or Deputy-Chairperson, the provisions of clause 11.2.1 to 11.2.5 above will apply as the context may require to the filling of such vacancies .
11.2.7 A person elected in terms of clause 11.2.6 shall hold office for the unexpired period of his/her predecessor.
11.3.8 The Deputy-Chairperson will perform the duties and functions of the Chairperson whenever the Chairperson is absent or for any reason unable to act or to perform those functions and duties.
11.2.9 If at any meeting both the Chairperson and Deputy-Chairperson are absent or unable to act or fulfill their functions and duties, members of the Governing Board present in the meeting must appoint a Chairperson to perform such functions and duties for the duration of that meeting.
11.2.10 The Chairperson or Deputy-Chairperson is subject to the Code of Conduct and may be removed from office for serious neglect of duty, serious misconduct, incapacity or any other fair reason.
11.2.11 The Chairperson and the Deputy- Chairperson shall perform the functions and duties entrusted to them by this Constitution.


11.3 The Executive Officer
11.3.1 The Governing Board must appoint a person to the position of Executive Officer.
11.3.2 The Executive Officer must perform such functions as may be assigned to him/her by the Act and/or by the Governing Board.
11.3.3 The Executive Officer must attend all meetings of the Governing Board and participate in discussions but may not vote.
11.3.4 If the Executive Officer is absent or for any reason unable to perform his/her functions, the Executive Committee may designate an employee of the CHIETA to act as Executive Officer until the Executive Officer resumes office or until a new Executive Officer is appointed.
11.3.5 The Governing Board must determine the Executive Officer's term of office and conditions of service.
11.3.6 The Executive Officer will, if required, act as the electoral officer of the Governing Board.
11.3.7 The Executive Officer is the accounting officer of the CHIETA and, with the assistance of any relevant person and/or organisation, must prepare monthly financial statements, in accordance with generally accepted accounting principles, showing the CHIETAs: transactions for the month: income and expenditure; assets and liabilities; and financial position as at the end of that period.


11.4 Secretary
11.4.1 The Executive Officer must appoint a Secretary for the CHIETA.
11.4.2 The Secretary must attend all meetings of the Governing Board but may not vote.
11.4.3 Notice of matters for consideration will be submitted to the Secretary at least five days prior to the date on which he/she is required to give notice of such meeting.
11.4.4 The Secretary in consultation with the Executive Officer must prepare the agenda for each meeting and serve members of the Governing Board with a notice of all meetings at least 14 days before ordinary meetings sits.
11.4.5 The Secretary must take minutes at the meetings and serve the members with copies of the minutes within 14 days of that meeting.
11.4.6 The Secretary must record all resolutions taken by the Governing Board in accordance with the provisions of this Constitution.
11.4.7 The Secretary will be responsible for the administration and secretarial work arising from the functioning of the Governing Board and for performing the functions and duties imposed on him/her by this Constitution.


11.5 Functions of the Governing Board
11.5.1 The Governing Board is responsible for the following functions: developing a sector skills plan within the framework of the national skills development strategy; implementing the CHIETAs sector skills plan by— establishing learnerships; approving work-place skills plans; allocating grants in the prescribed manner and in accordance with any prescribed standards and criteria to employers, education and training providers and workers; and monitoring education and training in the sector; promoting learnerships by— identifying work-places for practical work experience; supporting the development of learning materials; improving the facilitation of learning;and assisting in the conclusion of learnership agreements; registering learnership agreements; when required to do so as contemplated in section 7(1) of the Skills Development Levies Act, collect the skills development levies, and must disburse the levies, allocated to it in terms of section 8(3)(b) and 9(b), in its sector; liaising with the National Skills Authority on- the national skills development policy; the national skills development strategy; and its sector skills plan: submitting to the Director-General- any budgets, reports and financial statements on its income and expenditure that it is required to prepare in terms of the Public Finance Management Act; and plans and reports on the implementation of its sector skills plan and service level agreement; liaising with the employment services of the Department and any education body established under any law regulating education in the Republic to improve information- about employment opportunities; and between education and training providers and the labour market. subject to section 14 of the Act, appointing staff necessary for the performance of the CHIETAs functions; promoting the national standard established in terms of section 30b; concluding service level agreements for each financial year with the Director-General concerning the performance of the CHIETAs functions in terms of this Act and the National Skills Development Strategy and the CHIETA'S annual business plan; and performing any other duties imposed by this Act or the Skills Development Levies Act or consistent with the purposes of this Act,


11.5.2 The Governing Board may delegate, any of its powers and duties o the Executive Committee, Chambers, committees, members and employees, provided that the CHIETA 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.


11.5.3 The Governing Board delegates its powers and duties to the extent contemplated in the CHIETA's "Delegation of responsibilities document" annexed as "H" which may be amended by the Governing Board from time to time.


11.5.4 The CHIETA must perform its functions in accordance with the Act, the Skills Development Levies Act and this constitution.