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


Constitution of the Manufacturing, Engineering and Related Services Sector Education & Training Authority (MERSETA)

10. Composition of the Governing Board


10.1 The Governing Board is comprised of members representing the following constituencies in the MANUFACTURING, ENGINEERING AND RELATED SERVICES Sector:
(a) Organised labour;
(b) Organised employers, including small business;
(c) Relevant government departments.
(d) Other professional bodies/associations.


10.2 The constituencies of the Governing Board at the date of its establishment are listed in Schedule 2 of this constitution.


10.3 Any registered trade union or employer organisation may, in the manner determined by the Governing Board, apply to the Governing Board for inclusion on Schedule 2.


10.4 The Governing Board will use the criteria listed in Schedule 3 to decide on admission to the MERSETA.


10.5 The Minister may remove a member from the Governing Board only for good reason and after affording the member an opportunity to be heard.


10.6 The name of any trade union or employer organisation may be removed from Schedule 2 upon written request of the Minister or the trade union or employer organisation concerned.


10.7 The trade unions and employer organisations whose members carry on their business in the MANUFACTURING, ENGINEERING AND RELATED SERVICES Sector, together with the government departments relevant to the MANUFACTURING, ENGINEERING AND RELATED SERVICES Sector, are listed in Schedule 2 of this constitution.


10.8 The Minister must appoint nominees to serve as members of the Governing Board.


10.9 The trade unions, employer organisations and relevant government departments listed in Schedule 2 may nominate the number of members indicated in subclause 10.11 of this constitution to serve on the Governing Board.


10.10 Organised employers and organised labour must be represented equally on the Governing Board.


10.11 The Governing Board consists of:
(i) Sixteen (16) members, each with one vote, to represent organized labour. The labour members will be determined by the trade unions listed in Schedule 2 based on proportional representation. In addition, organised labour as a whole may nominate a total of five (5) alternates.
(ii) Sixteen (16) members, each with one vote, to represent employers/employer organisations. The employer members will be comprised of an equal number of employer delegates per chamber and will be determined by the employers/employer organizations listed in Schedule 2. In addition, employers/employer organizations as a whole may nominate a total of five (5) alternates.
(iii) One (1) non-voting person to represent the Department of Trade and Industry.
(iv) One (1) non-voting person to represent the Department of Labour.
(v) If the Minister of Labour, considers it appropriate for the sector, then two non-voting representatives with observer status (one representing labour and one representing employers) from each bargaining council with jurisdiction in the sector.
(vi) The Chief Executive Officer of the SETA, who may not vote.


10.12 Alternates may attend meetings and participate through their principals. Alternates may only vote if the principal member cannot attend the meeting.


10.13 Members hold office on the Governing Board for a period of three (3) years from their date of appointment and may be reappointed after expiry of their terms of office.


10.14 The Chief Executive Officer must notify members of their appointment in writing.


10.15 A member vacates office:
(i) On expiry of his/her term of office.
(ii) Under the conditions listed in sub-clause 10.16 of the constitution.
(iii) On withdrawal of the organisation which nominated the member from the Governing Board.
(iv) Any organisation which nominated a member may, on giving fourteen (14) days' notice in writing to the Governing Board withdraw a member and appoint another in his/her stead.
(v) On resignation. Such a resignation must be submitted to the Chief Executive Officer in writing.
(vi) Should a vacancy arise through a member's withdrawal, resignation, death or disqualification, the vacancy shall be filled by the organisation which nominated him/her. Any member so appointed shall hold office for the unexpired portion of the period of office of their predecessor and be subject to the same conditions as their predecessor.


10.16 The Governing Board may require, of a constituency, that any one of its members be replaced from office under any one of the following conditions:
(i) Serious misconduct.
(ii) Permanent incapacity.
(iii) Failure to disclose a conflict of interest in any affair of the Governing Board over which he/she may have an influence.
(iv) Engaging in any activity that may undermine the integrity of the Governing Board.
(v) Absence from three consecutive meetings of the Governing Board without good cause. The Process outlined in the MERSETAs code of conduct will be followed to determine whether a member should be removed.


10.17 If a constituency does not nominate a replacement within 30 (thirty) days by written notice by the Governing Board to do so, the Governing Board may nominate a person as a member to represent organised labour, organised employers or a government department, as the case may be.