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


Constitution of the Energy Sector Education & Training Education (ESETA)

12. Composition of the Authority


12.1 The Authority is responsible for the acceptance of nominees to serve on the Authority of the SETA.


12.2 Each stakeholder listed on Schedule 3 of this constitution may nominate representative to serve on the Authority.


12.3 The representivity of the interests of organised employers and organised labour in the Authority must be equal.


12.4 The Authority shall consist of 24 members:
(i) A maximum of ten (10) persons, each with one vote, who shall be nominated to represent organised labour. The criteria used for nomination shall be agreed amongst the organisations representing organised labour;
(ii) Maximum of (10) persons, each with one vote, who shall be nominated to represent organised employers. The criteria used for nomination shall be agreed amongst the organised employers;
(iii) A maximum of three (3) persons, who shall be nominated to represent the relevant government departments. Each of these persons shall have one (1) vote; and
(iv) The Chief Executive Officer of the SETA, who may not vote.


12.5 An alternate member shall be nominated for each member of the Authority in the same manner and by the same stakeholders, as for members. Such nominations shall be in writing and shall be subject to the approval of the Authority. Alternate member shall act in place of the member, if the member is unable to attend a meeting.


12.6 Members and alternate members shall hold office on the Authority for a period of 3 years from the date of acceptance of their nomination and shall be eligible for re-nomination on expiry of their term of office.


12.7 The Chief Executive Officer must notify members and alternate members of their appointment.


12.8 A member or alternate member vacates office:
(i) On expiry of his/her term of office;
(ii) Under the conditions listed in section 12.10 and 12.11 of the constitution;
(iii) Resignation. Such a resignation must be submitted to the Chief Executive Officer in writing; and
(iv) In the event of death in service


12.9 The Authority may remove a member or alternate member from office under any one of the following conditions:
(i) Submission of written notice to the Chief Executive Officer of the Authority by the member's stakeholder;
(ii) Serious misconduct;
(iii) Permanent incapacity;
(iv) Failure to disclose a conflict of interest in any affair of the ESETA, over which he/she may have an influence;
(v) Engaging in any activity that may undermine the integrity of the Authority; and
(vi) Absence from two consecutive meetings of the Authority without good cause and not having made prior apology through the Chief Executive Officer or an office bearer of the Authority.


12.10 If a member is dismissed or vacates his/her position before the end of his/her term of office, that stakeholder may, subject to this constitution, nominate a replacement to complete the term of office.


121.11 If the membership of a stakeholder of the ESETA that is represented on the Authority is terminated for whatever reason, then the stakeholders of that constituent grouping (labour, employers or government) must agree amongst themselves, using predetermined criteria, as to who shall be entitled to replace the member(s) on the Authority.