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


Constitution of the Public Service Sector Education and Training Authority (PSETA)

9. Members of Board


(1) Composition of Board


The Board shall consist of 20 Members, comprising:

(a) Eight non-executive Members representing the State as employer, appointed by the Minister for Public Service and Administration as follows:
(i) One Member representing DPSA
(ii) Two Members representing national government departments
(iii) Three Members representing provincial government departments, and
(iv) Two Members representing Parastatals (i.e. schedule 1, 2, and 3 entities according to the PFMA)
(b) Eight Members representing Organised Labour, appointed by the trade union parties to the GPSSBC based on the principle of proportionality.
(c) The Chief Executive Offrcer of the PSETA
(d) The Employer and Organised Labour - additional to their prescribed numbers in terms of clauses 9(1)(a) and 9(1)(b) of the this Constitution - shall EACH appoint an expert in any field listed in Annexure "C" to this Constitution to serve on the PSETA board as a Member.
(e) The Members of the Board of the PSETA so appointed in terms of clauses 9(1)(a), 9(1)(b) and 9(1)(d) of this Constitution, shall appoint a chairperson of the Board from a list of NO LESS than 5 names submitted by themselves.
(f) From amongst the Members of the board, the Members shall appoint a vice-chairperson.
(g) Members representing government departments must be drawn from senior management.


(2) Terms of office of Members of Board


Subject to clause 9(9)(a), a Member of the Board holds office for a period of five years and on expiry of his or her term of office is eligible for reappointment.


(3) Nomination and appointment of Members of Board


(a) At least three months before the expiry of the term of office of Members of the Board, the Chief Executive Officer must invite nominations from Organised Labour and the Employer within the Sector for Members for the forthcoming term of office.
(b) The Chief Executive Officer must set a date for the first meeting of the new term and the new Board must meet within three months of the expiry of the term of office of the previous Board.
(c) The outgoing Members of the Board are eligible for nomination and re-appointment as Members of the Board for further terms of office.


(4) Alternates to Members of Board


The organisations contemplated in clauses 9(1)(a) and 9(1)(a) must appoint alternates to act in the place of each Member that represents their organisation, in the event that such Member is unable to attend a meeting of the Board.


(5) First meeting of each new term of office of Board


(a) The Chief Executive Officer must notify the Members of the date, time and venue of the first meeting of their term of office.
(b) At that meeting, Members must—
(i) appoint a chairperson as contemplated in clause 9(1)(e);
(ii) elect a vice-chairperson as contemplated in clause 11(1);
(iii) set the dates for the forthcoming meetings of that year; and
(iv) take such other decisions as are necessary to ensure the prompt and effective functioning of the Board.
(c) The Chief Executive Officer will preside over the first meeting of the new term of office until the chairperson has been appointed.


(6) Meetings of Board


(a) The Board must meet at least FOUR times each year, one of which must be the Annual General Meeting.
(b) The business of the Board at the Annual General Meeting shall include:
(i) the consideration of the annual financial statements of the Authority;
(ii) the annual report of the Authority's affairs;
(iii) the report of the Auditor-General;
(iv) the appointment of an auditor;
(c) The business of the Board at meetings shall include:
(i) the discussion of any matter referred to in or arising out of the financial statements or the reports;
(ii) the appointment of the Members of the Board;
(iii) the discussion of any matter of which notice shall have been given to the Chairperson at least 10 days before the date of the meeting;
(iv) the transaction of such other business as is required to be transacted by the Authority under this Constitution, the Act, the PFMA or the SDLA;
(v) the approval of the Authority's annual budget and business plan for submission to the Minister; and
(vi) the delegation of the functions, rights, duties and powers to Members, employees, or committees.


(7) Meeting procedures


Meetings of the Board must comply with the requirements contemplated in clause 13.


(8) Suspension of Members of Board


(a) The Authority may on reasonable grounds contemplated in clauses 9(9)(b)(iv) and 9(9)(b)(vii) suspend a Member pending an inquiry contemplated in clause 9(9)(d).
(b) Before suspending a Member, the Board must—
(i) give notice to that Member of its intention to suspend him or her;
(ii) give reasons for the intention to suspend; and
(iii) give the Member a reasonable opportunity in the circumstances to make representations to the Board.


(9) Vacation of office by Members of Board


(a) A Member of the Board shall vacate his or her office if that Member—
(i) is removed from office as contemplated in clause 9(9)(b);
(ii) resigns by written notice addressed to the Board; or
(iii) dies.
(b) The Board may remove a Member—
(i) on the written request of the organisation represented by that Member;
(ii) for absence from three consecutive meetings of the Board without the prior permission of the Board, unless the Member shows good cause;
(iii) for permanent incapacity;
(iv) for serious misconduct;
(v) for failure to comply with any provision in the Code of Conduct contained in Annexure "D";
(vi) for conduct that undermines the Board or Authority or brings the Board or Authority or any of its Members into disrepute; or
(vii) for any other good reason.
(c) Before removing a Member, the Board must—
(i) give notice to that Member of its intention to remove him or her;
(ii) give reasons for the intention to remove him or her; and
(iii) give the Member a reasonable opportunity in the circumstances to make representations to the Board.
(d) If the Board contemplates removing a Member in terms of clauses 9(9)(b)(iv) or 9(9)(b)(vii), the Board must hold an inquiry to determine whether or not the Member should be removed from office.
(e) The Board must appoint three of its Members to preside over the inquiry.
(f) The Chairperson must inform the Member in sufficient detail in writing—
(i) of the allegations against him or her; and
(ii) of the date, time and venue of the inquiry.
(g) The Member must be given adequate time to prepare for the inquiry and may be represented by a fellow Member at the inquiry.


10. Filling of vacancies on Board


(a) If a Member of the Board vacates office before the expiry of his or her period of office for any reason contemplated in clauses 9(9)(a) or 9(9)(b), the organisation which was represented by that Member may nominate a new Member for the remaining portion of that period, and in the case of a Member appointed in terms of clause 9(1)(e), the board shall appoint a Member for the remaining period.
(b) Subject to clause 9(1), the Board must appoint any person so nominated as a Member of the Board.
(c) If the organisations contemplated in clause 9(1)(a) or 9(1)(b) has not nominated a new Member within a reasonable period of a written request by the Board to do so, the Board may appoint a Member to represent the interests of such an organisation, as the case may be.