Acts Online
GT Shield

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


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

11. Meetings of the Governing Board


11.1 Governing Board must meet at least four (4 times per year) one meeting of which shall be the Annual General Meeting. General Meetings of the Governing Board may also be convened to consider resolutions that are raised by members concerning issues that affect the Governing Board.


11.2 The Chief Executive Officer must give written notice of meetings starting time, date, venue and business to be transacted, either personally or by electronic mail to members. At least twenty one (21) days notice must be given unless the Chairperson decides that there are good grounds for calling a meeting at shorter notice. Ordinary meetings of the Governing Board may be held at such times and places as the Governing Board, or the Chairperson may determine, and shall be called either at the request of any member, with the agreement of at least fifty percent (50%) of the organised employer members and at least fifty percent (50%) of organized labour members, or by agreement between the Chairperson and Deputy Chairperson. All motions to be considered by the Governing Board shall, unless otherwise permitted by the Chairperson, be submitted to the Chairperson in writing and read by the Chairperson to the meeting of the Governing Board. No motion shall be considered unless seconded.


11.3 The business of the Governing Board when meeting as an Annual General Meeting of the Governing Board shall include:
(a) Consideration of the audited financial statements of the MERSETA, the Annual Report of the MERSETA and the report of the Auditor-General.
(b) Discussion of any matter referred to in or arising from the audited financial statements or reports.
(c) Discussion of any matter of which notice shall be given to the Chief Executive Officer at least thirty (30) days prior to the date of the Annual General Meeting for inclusion with the notification for the meeting.
(d) The election, by Governing Board members, of office bearers of the Governing Board.


11.4 The Chairperson must preside over all meetings of the Governing Board. In the event of the Chairperson being absent, the Deputy-Chairperson must preside. If the Deputy-Chairperson is absent, then the Governing Board must appoint one of the member representatives to preside.


11.5 Any person in attendance at a meeting of the Governing Board 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.


11.6 The quorum for meetings of the Governing Board shall include, at least, a majority of the members representing organised labour, plus a majority of the members representing organised employers. For the purposes of determining whether a quorum is present, alternates of members who are absent, shall be regarded as members.


If, within one hour of the time and date fixed for any meeting of the Governing Board a quorum is not present, the meeting shall stand adjourned to a date to be fixed by the Chairperson, in consultation with members present, being not less than seven (7) and not more than ten (10) days from the date of the meeting which stands adjourned. Notice in writing shall be given by the Chief Executive Officer to each member stating the date and time of the adjourned meeting. At such adjourned meeting, the members present shall constitute a quorum.


11.7 A decision of the Governing Board shall be by consensus. If a consensus cannot be reached, then the decision will be determined by a majority vote, by show of hands of members present at a properly constituted meeting of the Governing Board.


11.8 Voting on decisions to be made shall take place by a show of hands.


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


11.10 The Company Secretary must ensure that proper minutes of all meetings are taken, formally documented, distributed to members and approved at the following Governing Board meeting and retained in an archive and record system.


11.11 Decisions of the Governing Board can be taken by a process of "Round Robin" if agreed at the previous meeting.