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


Constitution of the Transport Education and Training Authority (TETA)

20. Meetings


20.1 TETA Annual General Meeting


20.1.1 TETA shall hold its Annual General Meeting/s within six months as agreed by the Board, after the end of each financial year (the year end being the 3Ist day of March in each year). The time, date and place of such meeting shall be determined by the TETA Board, which shall give at least 28 days notice of such Annual General Meeting to its stakeholder groups represented by the members. Such a notice shall also appear in national daily newspapers circulating in the Provincial capitals of the Republic of South Africa.


20.1.2 The business of TETA, when meeting as the annual general meeting, shall be: To provide verbal and formal feedback of its performance to members and stakeholders and any other interested parties in attendance at the Annual General Meeting. To answer any relevant questions pertaining to the Annual Report. To provide, in general terms, an overview of the business for the forthcoming year. To present the annual financial statements of TETA, and report of the Auditor-General. To discuss any matter referred to in or arising out of the financial statements or the reports. No other business other than that stated above shall be conducted at a TETA Annual General Meeting.


20.2 Other TETA Meetings and the Frequency Thereof


The Board, at their respective inaugural meeting, and thereafter at their respective final meeting in each financial year shall determine how many Board and Committee meetings shall take place and the dates of such meetings.


20.3 Chamber Management Committee Meetings


The Chamber Management Committee meetings shall be held at a time, place and frequency to be determined by each respective Chamber Executive Officer in consultation with the Chamber member representatives. However, every Chamber Management Committee shall meet at least four times per year.


20.4 Requisitioned Meetings


The Chairperson of the Board of TETA or a Chamber shall, at the written request of not less than one-third of the members of the Board or Chamber Mancom and within 14 days of the lodging of the requisition, issue a notice to members of the Board, or Chamber Mancom convening a meeting of the Board or Chamber Mancom for a date not less than 21 days and not more than 35 days from the date of notice.


20.4.1 The requisition shall state the purpose of the meeting, which shall be to transact business, which, in terms of this Constitution is required or permitted to be transacted by TETA or a Chamber. The requisition shall also be signed by the requisitionists and lodged at the office of TETA or the Chamber, as the case may be.


20.4.2 If the Chairperson does not, within 14 days from date of lodging of the requisition issue a notice as required under subclause 20.4 the requisitionists, may themselves on a 21 days notice and not more than 35 days convene a meeting, stating the purpose thereof, which shall not be materially different to that stated in the requisition. No meeting so convened shall be held after the expiration of 35 days from the date upon which the requisition was lodged.


20.4.3 Any meeting convened by the requisitionists under subclause 20.4. shall be convened in the same manner and quorum requirements as per any meetings of TETA Board or Chamber.


20.5 Procedure at Meetings and Quorum


20.5.1 The Board, Board Committees, Chamber Mancoms, and Chamber Sub-committees shall regulate their meetings as they deem fit, but in accordance with good governance practices and common law procedures to be followed at meetings.


20.5.2 The quorum necessary for the transaction of business shall be 50 percent plus I of the employer representatives and 50 percent plus 1 of the employee representatives.


20.5.3 If within one hour after the time appointed for a meeting, a quorum is not present, a meeting, if convened upon a requisition of members, shall be dissolved. In any other case, the meeting shall stand adjourned to a day not earlier than seven days and not later than 21 (twenty-one) days after the date of the meeting at the same time and place. If no quorum is then present within half an hour after the time appointed for the meeting, the members then present shall constitute a quorum and may transact the business for which the meeting was called.


20.5.4 The chairperson, or such person as such shall be acting in the place of the chairperson, shall preside at the meeting.


20.5.5 The chairperson presiding at any meeting shall ensure that minutes of such meetings are formally documented and adequately kept for record purposes and scrutiny.


20.6 Voting


At all meetings:


20.6.1 Each member shall have one vote in respect of any issue put to the vote.


20.6.2 Proxy votes will be allowed, provided that the member appointing the person to act as proxy submits written and signed confirmation of such appointment to the Chairperson of the meeting prior to the commencement of the meeting.


20.6.3 All issues, if not resolved through reaching consensus, shall be put to the vote. An issue voted on shall be considered resolved if carried by a majority vote. Any issue, which is not passed by a majority vote shall not be carried and shall forthwith be removed from the table.


20.6.4 The Chairperson shall not have a second or "casting" vote.


20.6.5 Unless a ballot is demanded of the Chairperson by at least one employer member and one employee member personally present, then the Chairperson shall declare that a motion has, on a show of hands, been carried or lost and an entry to that effect shall be made in the minutes of the proceedings of the meeting. Such declaration shall be conclusive evidence of the fact that a motion was duly carried or defeated.


20.6.6 If a ballot is demanded, as contemplated in subparagraph 20.6.5 above, it shall be taken either immediately or after an adjournment as the Chairperson directs. Two scrutinisers shall be elected from amongst the members present, (one employer representative and one employee representative) to determine the result of the ballot. The result of such ballot shall be deemed to be the resolution of the meeting and an entry to that effect shall be made in the Minutes of the proceedings of the meeting.


20.7 Notice of Meetings


20.7.1 The Annual General Meeting of the TETA Board shall be called by giving not less than 28 (twenty-eight) days notice in writing. Subject to 20.7.2, any other meeting of the TETA Board shall be called by giving, not less than 14 (fourteen days) clear notice in writing.


20.7.2 Notice of an ordinary meeting, other than the Annual General Meeting, may be dispensed with if each of the members of the TETA Board so agrees. Such a meeting of the TETA Board shall, notwithstanding the fact that it is called by shorter notice than that specified in this Constitution, be deemed to have been duly called.


20.7.3 When notice is required to be given it shall specify the place, the date, the hour and the business of the meeting and shall be electronically submitted, posted or hand delivered to each recipient, depending on the custom prevailing, Proof of transmission by the sender shall be conclusive evidence of notice duly given.