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


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

8. Powers of the Authority


8.1 The Authority shall, subject to the provisions of the Act, have all such powers as may be necessary to enable it to achieve its objectives and perform its functions and, without limiting the generalities thereof, it shall have the following powers:
(a) Recommend to the Minister organisations that may be considered for admission as stakeholders of the ESETA.
(b) Establish committees in addition to those referred to in this constitution;
(c) Dissolve any committee and amend or revoke the terms of reference thereof.
(d) Appoint a Chief Executive Officer and such other staff necessary for the effective running of the ESETA. The terms governing the appointment of the Chief Executive Officer and other officers and staff are contained in the Human Resource policies of the Authority;
(e) Formulate general policy of the ESETA;
(f) Approve the annual budget of the ESETA;
(g) Approve the business plan of the ESETA;
(h) Determine the remuneration and conditions of employment of the Chief Executive Officer and other staff of the ESETA;
(i) Determine the scale of reimbursement of expenses and other related matters for the ESETA and committee members;
(j) Make rules relating to ESETA meetings, financial matters, procurement and administrative matters which are in accordance with provisions of this constitution, the Act and of any other law;
(k) Report on its income and expenditure to the Director-General.
(l) Report on skills development within the Sector to the Director-General.


8.2 Subject to any limitation imposed by the Act, and this constitution, the Authority may delegate to its chambers, members, staff, committees, or the Chief Executive Officer, any of its powers, duties and functions provided that:
(a) The Authority cannot delegate the power of delegation;
(b) Any delegation must be recorded in the minutes of the Authority and given in writing, specifying:
(i) The period for which it is valid;
(ii) Any limitation or conditions of the delegation;
(c) The Authority may revoke or vary the delegation at any time and may vary or set aside any decision made under any delegation;
(d) The Authority may continue to exercise or perform a power, duty or function which it has delegated;
(e) The Authority remains responsible for actions taken under a delegation.