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


Constitution of the Chemical Industries and Training Authority (CHIETA)

12. Meetings of the Governing Board


12.1 Ordinary meetings


12.1.1 The Governing Board will hold quarterly meetings and one of these meetings will be considered to be the annual general meeting on an agreed date.


12.1.2 At least five (5) members each side of organised labour and organised employers shall constitute a quorum for a meeting of the Governing Board.


12.1.3 If, after 30 minutes (unless good reasons to the contrary are furnished) of the scheduled time for the meeting, there is no quorum the meeting will be postponed to a later date within a month, provided if on that date, a quorum is not present the meeting will continue as if a quorum were present and all decisions made at that meeting will be minuted as such and circulated to all members.


12.1.4 The Secretary, together with the Chairperson and Deputy Chairperson, must prepare a written notice of every Governing Board meeting stating the date, time and venue of the meeting as well as the agenda for that meeting.


12.1.5 All notices of meetings must be sent to the members of the Governing Board at least fourteen (14) days before the scheduled date of that meeting and the Secretary must retain proof of distribution.


12.1.6 A motion proposed at a meeting will not be considered unless it has been seconded. The Chairperson may require a motion to be submitted in writing, in which case the Chairperson will read the motion to the meeting.


12.1.7 Decisions and resolutions will be occasioned through consensus. Should consensus not be achieved, then all motions must be decided by a majority of votes of those voting members present. The manner of voting must be by a show of hands or in any other manner as may be agreed by those voting members present.


12.1.8 Each member has one vote on any matter before the Governing Board. Organised employers and organised labour will always have an equal number of votes at each meeting despite the absence of any members from the meeting.


12.1.9 Any member may raise matters of a serious or urgent nature at a meeting without prior notice if he/she procures the consent of the members present at the said meeting.


12.1.10 The Chairperson must preside over all meetings of the Governing Board and must sign the minutes of the Governing Board meetings after those minutes have been confirmed at the next meeting.


12.1.11 The Deputy Chairperson must preside over meetings of the Governing Board whenever the Chairperson is absent, or for any reason, unable to preside.


12.1.12 At every annual general meeting the Governing Board must: consider the annual financial statements of the CHIETA and auditor’s reports on those statements; consider the Chairperson’s and the Executive Committee’s annual reports; consider the budget of the CHIETA for the next financial year; approve dates for its ordinary meetings for the next financial year; and appoint conciliators and arbitrators to resolve disputes within the CHIETA in accordance with the Dispute Resolution Procedure as set out in annexure F of this constitution.


12.1.13 The Governing Board may invite persons who are not members to attend meetings and participate in discussions, but they may not vote.


12.2 Extraordinary Meetings


12.2.1 The Executive Officer, with the approval of the Chairperson and Deputy Chairperson, may convene an extraordinary meeting of the Governing bard whenever he/she deems it necessary and will convene such a meeting at the written request of no fewer than 25% of voting members stating the purpose of such meeting.


12.2.2 No matters, other than those for which the extraordinary meeting was convened, will be transacted at such meeting.


12.2.3 The Governing Board may invite persons that are not members to attend meetings and participate in discussions, but may not vote.


12.3 Minutes of Governing Board Meetings


12.3.1 The Secretary keeps minutes of each meeting and shall include such minutes with the agenda of the next Governing Board meeting.


12.3.2 At every ordinary meeting of the Governing Board, the minutes of the preceding ordinary meeting and any extraordinary meetings held subsequently, will be read and confirmed by the signature of the Chairperson.


12.3.3 Any objections to the minutes will be raised and dealt with before confirmation of the minutes thereafter the meeting will take the minutes as having been read.


12.4 Register of Resolutions


12.4.1 The Secretary will keep a complete register of Governing Board resolutions adopted in terms of this Constitution and all members shall have access to the register.