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


Standard Constitution of SETA Regulations

23. Amendment of Constitution


(1) Subject to section 13 of the Act and after consultation with the Accounting Authority, the Minister may approve an amendment of the constitution.


(2) The Chairperson must give notice of any proposed deviation from the standard constitution at least 30 days before any meeting of the Accounting Authority is convened to discuss an amendment to the constitution.


(3) The Accounting Authority may propose an amendment to the constitution by a resolution supported by at least 75 per cent of its members.


(4) If the Accounting Authority has adopted a resolution proposing an amendment to the Constitution, such proposal must be submitted to the Minister for consideration and a decision and must be accompanied by reasons for the proposed amendment.


(5) The SETA's Chief Executive Officer must ensure that copies of the text of the proposed amendment, notifications of the meeting and the agenda are dispatched to all members of the Accounting Authority at least 30 days before to the meeting at which the amendment to the constitution is to be proposed and considered.


(6) The full procedure for proposing and effecting amendments to this constitution is described in Annexure 6.


(7) For the purposes of this item, any amendment of an Annexure must be regarded as a deviation of this Constitution.