Skills Development Act, 1998 (Act No. 97 of 1998)
Constitution of the Transport Education and Training Authority (TETA)
|1.1||Any term used in this Constitution, and which is not defined hereinafter, but which is defined in the Act, shall, unless indicated otherwise, bear the same meaning as that assigned to it in the Act.|
|1.2||In the interpretation of this Constitution:—|
|1.2.1||The singular includes the plural and vice versa.|
|1.2.2||The masculine includes the feminine and vice versa.|
|1.2.3||Natural persons include juristic persons and vice versa.|
|1.2.4||Where any definition confers a substantive right or imposes a substantive obligation, such provision shall be binding notwithstanding the fact that it does not appear in any other place in this constitution.|
In this Constitution, unless the context should indicate a different meaning, the following words and phrases shall have the following meanings assigned to them:
means the Skills Development Act, 1998 (Act No. 97 of 1998).
means a person appointed in writing to act on behalf of a member of the Board, a Standing Committee, or Chamber Committee, in the absence of the elected representative.
means the Accounting Authority of TETA as contemplated in terms of Section 49 of the PFMA, and shalt consist of nominated members appointed in accordance with this Constitution.
means a body formally established by the TETA as contemplated in Section 12 of the Act, for the purpose of managing the affairs of its sub-sector, as well as performing the functions so delegated to it by TETA and exercising the powers necessary to manage its affairs and perform such functions.
means the Chamber Management Committee consisting of the Chief Executive Officer (ex officio) Chamber Executive Officer (ex officio), the Chairperson and Vice-Chairperson of the Chamber and the duly appointed Chamber members.
means any person elected to chair any meeting of the Board, or its Chambers, or any Board Committee, or any ad hoc Committee and to fulfill any responsibilities or tasks assigned by the Board or as contained in the applicable Board Committee Charters.
"Chief Executive Officer"
means the person appointed by the TETA Board in accordance with Section 13(3)(a)(xi) of the Act, and who serves in this capacity as a full time employee of TETA.
means any Board Committee, ad hoc or subcommittee of TETA or its Chambers.
means the employer groups, employee groups and government departments that are registered with TETA.
means a business day, excluding Saturdays, Sundays and Public Holidays. Where any time lapse is expressed in days, if the last day of such computation is not a business day, the last day shall be deemed to be the next succeeding business day.
means the Department of Labour.
means any organised and registered labour group as contemplated in Section 11 (a) of the Act, which has been formed to promote or advance the collective interests of their members and is formally recognised by employers for that purpose.
means any organised employer group, including small business as contemplated in Section 11(b) of the Act and any other association of employers formed to promote or advance the collective interests of their members.
"Education and Training Standards"
means statements of desired education and training outcomes and their associated assessment criteria as defined in Section 1 of the SAQA Act, and registered in the terms of the said Act.
means the Education and Training Qualifications Authority; established in the terms of the South African Qualifications Authority Act, No. 58 of 1995.
means the Cabinet member who is accountable to Parliament for TETA or in whose portfolio it falls.
means a year ending 31 March.
"Fruitless and wasteful expenditure"
means expenditure which was made in vain and would have been avoided had reasonable care been exercised.
means expenditure, other than authorised expenditure incurred in contravention of or that is not in accordance with a requirement of any applicable legislation.
means the Skills Development Levies Act, 1999 (Act No. 9 of 1999).
means the total funds available to TETA, which includes levy transfers, donor funds, and interest payments from investments, service fees, transfers from Industry Training Boards and income from any other source.
means a vote taken on any issue at any meeting held in terms of this Constitution and shall, further, mean 50%, plus one of all employer representatives present and entitled to vote at such meeting and 50% plus one of all employee representatives present and entitled to vote at such meeting, and further provided that a quorum is present at such meeting.
"Member" or "Representative"
means a person appointed as such in terms of the TETA Constitution, and shall include persons mandated by those bodies contemplated in Section 11 (c) and (d) of the Act, and shall also include a person who is a consultant appointed by an employer group or an employee group to represent its interests and to serve as a member or representative.
means the Minister of Labour, unless otherwise indicated.
means that TETA may sue or can be sued.
means the National Qualifications Framework as defined in section 7 of the SAQA Act.
Is the elected chairperson and vice chairperson of the TETA Board in consultation with the CEO of the organisation.
means any employee of TETA who is employed in terms of the conditions and provisions of the Basic Conditions of Employment Act as amended.
means the Public Finance Management Act, 1999 (Act No.1 of 1999) as amended.
means a national or provincial public entity as per the definitions of the Public Finance Management Act, as amended.
means bodies or organizations whose activities are directed at improving and enhancing the professional status of role players in that particular industry; - Without derogating- the generality of the aforegoing, such activities could include provision of professional registration of role players, research and development facilities, provision of training and development programmes, the formulation of codes of conduct and related practices and procedures that would protect and preserve the professional integrity of the role players.
means the requisite number of members who must be present at any meeting for decisions of that meeting to have any binding effect.
means one third of the members of the Board or Chamber who call for a special Board of Chamber meeting.
means the South African Qualifications Authority.
means the South African Qualifications Authority Act, 1995 (Act No 58 of 1995).
means the transport national economic sector as determined by the Minister of Labour.
means the Transport Sector Education and Training Authority.
means the Treasury Regulations For Departments, Trading Entities, Constitutional Institutions And Public Entities issues in terms of the PFMA and as amended from time to time.
means any person who is elected to act, in the absence of the Chairperson, in the latter’s stead.