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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)

8. Functions of the Governing Board


The Governing Board is the accounting authority of the MERSETA.


8.1 The Governing Board has all such powers as are necessary to enable it to achieve its objectives and perform its duties and functions, as well as such other powers as may be conferred upon it by the Act or by the Levies Act. Without limiting the generalities thereof, it shall have the powers to:
(a) In accordance with this constitution, to propose members and alternates of the Governing Board for appointment by the Minister of Labour;
(b) Establish committees and chambers in addition to those referred to in this constitution;
(c) Dissolve any committee and chamber and amend or revoke the terms of reference thereof;
(d) Appoint a Chief Executive Officer, which appointment may be delegated to the Executive Committee;
(e) Ratify, all policies proposed by the Executive Committee to govern its functions and those delegated to committees, the Chief Executive Officer and staff;
(f) Approve the annual budget of the MERSETA;
(g) Approve the business plan and Sector Skills Plan of the MERSETA;
(h) Ratify the scale of reimbursement of expenses and other related matters for the members of the Governing Board, chambers and Functional Standing Committees, proposed by the Remuneration Committee;
(i) Ratify the remuneration of members of the audit committee;
(j) Report on its income and expenditure to the Director-General;
(k) Report on skills development within the Manufacturing, Engineering and Related Services Sector to the Director-General.


8.2 Subject to any limitation imposed by the Act, the Levies Act and this constitution, the Governing Board may delegate to its member committees or chambers, any of its powers, duties and functions provided that:
(a) The Governing Board cannot delegate the power of delegation.
(b) Any delegation must be recorded in the constitution or minutes of the Governing Board, reflecting any limitations or conditions of the delegation.
(c) The Governing Board remains accountable for actions taken under a delegation.
(d) The Governing Board is not divested of any of its powers, duties or functions by virtue of any delegation.