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


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

Chapter 2 : Interpretation

5. This constitution


In this constitution, unless inconsistent with the context or subject matter:


5.1 chapter, clause and paragraph headings are for purposes of reference only and shall not be used in interpretation;


5.2 unless the context clearly indicates a contrary intention, words connoting:
5.2.1 any gender include the others;
5.2.2 the singular includes the plural and vice-versa;
5.2.3 natural persons include juristic persons and vice-versa;


5.3 the following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings:



means the Skills Development Act, 1998 (Act No 97 of 1998);


"Audit Committee"

means the Audit Committee of THETA established in terms of clause 19.1.1 of this constitution;



means a specific sector focus group established in terms of the Act and this constitution;


"Chief Executive Officer"

means the Chief Executive Officer of THETA appointed in terms of clause 30 of this constitution;



means the Department of Labour;


"Designated Groups"

means black people, women and people with disabilities;



means the Director-General of Labour;


"Employees' Organisation"

means any registered trade union or federation of trade unions under the provisions of the Labour Relations Act and any other association of employees whose principal purpose is to regulate relations between employees and employers, including any Employers' Organisations


"Employers' Organisation"

means any registered Employers' Organisation under the provisions of the Labour Relations Act and any other number of employers, associated together for the purpose, whether by itself or with others, of regulating relations between employers and employees or trade unions



means education, training and quality assurance;


"Executive Committee"

means the Executive Committee of THETA established in terms of clause 18.1.1 of this constitution


"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No 66 of 1995);


"Levies Act"

means the Skills Development Levies Act, 1999 (Act No 9 of 1999);



unless the context indicates otherwise, means a Member of the Board of the THETA as contemplated in section 11 of the Act;



means the Minister of Labour;


"National Skills Authority"

means the National Skills Authority established by section 4 of the Act;


"National Skills Development Policy"

means the National Skills Development Policy referred to in section 5(1)(a)(i) of the Act;


"National Skills Development Strategy"

means the National Skills Development Strategy referred to in section 5(1)(a)(ii) of the Act;


"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No 1 of 1999);



means Prescribed by Regulation;



means a Regulation made and in force in terms of legislation;


"Service Level Agreement"

means a Service Level Agreement concluded in terms of Section 10A of the Act;



means the Tourism, Hospitality and Sports national economic sector as determined and prescribed by the Minister in terms of Notice No R316 of 31 March 2005 as published in Government Gazette 27445;



means a sector education and training authority established by the Minister under section 9 of the Act;



means the Tourism, Hospitality and Sport Education and Training Authority;



includes an employee, an unemployed person and a workseeker;


5.4 any word or expression in this constitution that is defined in the Act has that meaning unless the context indicates otherwise.