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


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

13. Meetings of the Authority


13.1 The Authority must meet at least six (6) times per year, one meeting of which shall be the Annual General Meeting, which must be held not later than six months after the end of the financial year of the Authority. Another should be a meeting to consider the strategy, business plan and budget of the Energy and Water SETA. Special Meetings of the Authority may also be convened to consider resolutions that are raised by members concerning issues that affect the ESETA.


13.2 The ESETA must give written notice of meetings, either personally or by electronic mail, together with the agenda to representatives, on the instructions of the chairperson, at least twenty-one (21) days in advance, unless the Chairperson decides there are good grounds for calling a meeting at shorter notice.


13.3 The business of the Authority when meeting as an Annual General Meeting of the Authority shall include but not be limited to:
(a) Consideration of the financial statements of the Authority, the Annual Report of the Authority and the report of the Auditor-General.
(b) The appointment of an auditor.
(c) Discussion of any matter referred to in or arising from the financial statements or reports.
(d) Discussion of any matter of which notice shall be given to the Chief Executive Officer at least 30 days prior to the date of the Annual General Meeting for inclusion with the notification for the meeting.
(e) The election of office bearers of the Authority.


13.4 The Chairperson will preside over meetings of the Authority. In the event of the Chairperson being absent, the Deputy-Chairperson will preside. If the Deputy-Chairperson is absent, then the Authority will appoint one of the members to preside.


13.5 Items may be added to the agenda of any meeting if the meeting so decides.


13.6 Any person in attendance at a meeting of the Authority who has a direct or personal interest in any matter before the meeting must, before the matter is discussed by the meeting, declare such interest to the meeting. The Chairperson must determine whether such a person may participate in the consideration of the matter.


13.7 A minimum of fifty percent plus one (50% + 1 member) of the total members of the Authority shall constitute a quorum. If after one hour of the scheduled time for the meeting there is no quorum, the meeting must be adjourned to a later date, time and place determined by the Chairperson. The members present at the subsequent meeting will be deemed to constitute a quorum for that meeting.


13.8 A decision of the Authority shall be by consensus. If a consensus cannot be reached, then the decision will be determined by a majority vote of the representatives present at a properly constituted meeting of the Authority.


13.9 Voting on decisions to be made shall take place by a show of hands or by secret ballot if appropriate.


13.10 A decision may not be declared invalid due to a vacancy or the attendance of an unauthorised person at a meeting.


13.11 It is the duty of the Authority to ensure that proper minutes of all meetings are taken, formally documented and retained in an archive and record system.


13.12 A permanent employee of the ESETA, as allocated by the Chief Executive Officer shall perform the secretariat functions of the Authority.