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


Constitution of the Tourism, Hospitality and Sport Training Authority (THETA)

Chapter 10 : Conduct of Members-Duties of Members of the Board of the THETA, its Committees and Chambers

40. Amendment of this Constitution


40.1 Whenever THETA wishes to and a need to amend this constitution has arisen, it must in writing, submit in duplicate to the Minister:
40.1.1 the text of the proposed amendments to its constitution;
40.1.2 a certified copy of its resolution approving the proposed amendment and which resolution shall have been supported by not less than two-thirds of the Members of THETA present at a general meeting of which not less than 21 days' notice setting out the proposed amendment shall have been given to all Members of THETA; and
40.1.3 a brief memorandum explaining the rationale for such amendments.


40.2 After considering the submission and after consultation with THETA, the Minister may wholly or in part effect the amendments proposed by THETA by notice in the Gazette.


40.3 No amendment shall have any force or effect until it has been approved by the Minister and published in the Gazette.


40.4 If the Minister wishes to amend THETA'S constitution he shall submit to THETA:
40.4.1 The text of the proposed amendments; and
40.4.2 A memorandum explaining the rationale for such amendments.


40.5 The Minister must allow THETA 30 working days to make written representations concerning the amendments proposed by the Minister.


40.6 After considering the representations made by the THETA, the Minister may wholly or in part effect his proposed amendments by notice in the Gazette.


40.7 The Minister shall:
40.7.1 submit to THETA a certified copy of any amendments to its constitution; and
40.7.2 direct the Director-General to retain a certified copy of such amendments.


40.8 THETA shall retain an updated version of its constitution which indicates the date on which any amendment to the constitution took effect.


40.9 Whenever this constitution is amended, THETA must supply the Director-General with a copy of its updated constitution which reflects the latest amendment.