Skills Development Act, 1998 (Act No. 97 of 1998)
Constitution of the Agriculture Sector Education and Training Authority (AgriSETA)
Schedule 3 : Nomination and appointment of members
|1.||Nominations by organised employers|
|1.1.||Organised employers listed in Schedule 2 may by agreement nominate 10 members to represent their interests on the Governing Board.|
|1.2.||Subject to section 11(b) of the Act only organised employer groups representing employers that have registered with the South African Revenue Services to pay the levies prescribed by the Act to AgriSETA may nominate persons as members.|
|2.||Nominations by organised labour|
Trade unions listed in Schedule 2 may by agreement nominate 10 members to represent their interests on the Governing Board.
|3.1.||The Governing Board must review Schedule 2 every two years. If it is deemed appropriate the Governing Board must publish an advert in newspapers widely read by stakeholders in the sector, calling on organised employers and trade unions (not employers and employees) to apply in writing to be recognised by the Governing Board as stakeholders in the sector. The purpose of such an invitation is to ensure that the Governing Board is properly represented by members representing organised employers and organised labour.|
|3.2.||Any organisation which is not listed in Schedule 2 may apply to the Governing Board to participate in the nomination of members to represent organised employers or organised labour (as the case may be).|
|3.3.||The organisation must submit—|
|3.3.1.||their constitution or founding document;|
|3.3.2.||the size of their membership and with respect to organised employers the size of the workforce employed by their members;|
|3.3.3||a motivation for consideration by the Governing Board; and|
|3.3.4.||any other information the Governing Board considers relevant.|
|3.4.||The Governing Board must consider the organisation's representations.|
|3.5.||If the Governing Board is of the view that the organisation is sufficiently representative of organised employers or organised labour within the sector, then the Governing Board must list the organisation in Schedule 2. The organisation may thereafter participate in the nomination of members.|
|4.||Consulting on proportional representation|
|4.1.||Before the election of board members as provided for in this constitution, the Governing Board must invite organised employers and trade unions listed in Schedule 2 (respectively) to nominate persons as members.|
|4.2.||The listed organised employers assisted by the chairperson or deputy chairperson of the Governing Board (whichever officer bearer has been elected by organised employers) must by way of consultation attempt to reach agreement on the proportional division of the ten employer seats.|
|4.3.||The listed trade unions assisted by the chair or deputy chairperson of the Governing Board (whichever office bearer has been elected by organised labour) must by way of consultation attempt to reach agreement on the proportional division of the ten employee seats.|
|4.4.||Once the said organised employers and organised labour have reached agreement (respectively) on the division of seats, then the organisation allocated a seat(s) shall decide on the appropriate person(s) to sit as a member(s) on the Governing Board.|
|4.5.||If agreement cannot be reached then the organised employers and trade unions (as the case may be) must apply the principle of proportionality to allocate the seats on the Governing Board. The formula set out below may be followed.|
|5.||Formula for proportional representation|
|5.1.||With respect to organised employers:|
The formula is:
|A||represents the number of employees employed by members of an employer's organisation listed in Schedule 2.|
|B||represents the total number of employees employed by members of all employers' organisations listed in Schedule 2.|
|C||represents 10 (number of members allocated to represent organised employers on the Governing Board).|
|D||represents the number of members which the organisation representing organised employers is entitled to nominate to the Governing Board.|
Example: if there are only two employers organisations, one representing members with 7500 employees and the other representing members with 10 500 employees (the total number of employees would be 18 000) each employers organisation would be represented as follows on the Governing Board:
The employer's organisation representing members employing 7 500 employees could nominate 4 members onto the Governing Board to represent organised employers.
The employer's organisation representing members employing 10 500 employees could nominate 6 members onto the Governing Board to represent organised employers.
|5.2.||With respect to organised labour:|
The formula is:
|A||represents the number of members of a trade union listed in Schedule 2.|
|B||represents the total number of members of trade unions listed in Schedule 2.|
|C||represents 10 (number of members allocated to represent organised labour on the Governing Board).|
|D||represents the number of members which the trade union is entitled to nominate to the Governing Board.|
Example : If there are only two organisations representing labour, one with 3000 members and another with 10 500 members (13 500 in total) then those organisations would be represented as follows on the Governing Board:
The organisation with 3 000 members could nominate 2 members onto the Governing Board to represent organised labour.
The organisation with 10 500 members could nominate 8 members onto the Governing Board to represent organised labour.
|6.||Appointment of members|
The persons nominated to the Governing Board in accordance with this Schedule are deemed to be appointed as the members of the Governing Board.
If there is a dispute regarding the interpretation or application of this schedule which cannot be resolved amicably and informally then the organisations involved must refer the dispute for arbitration as contemplated in clause 45 of the constitution.