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


Constitution of the Bank Sector Education and Training Authority (BANKSETA)

10. Organisational Structures and Mechanisms for Governance -The Council and Office Bearers


10.1 The general direction, policy, and finances of the Authority shall vest in a Council elected by the Members of the Banking Employers Forum, the Banking Employees Forum and the Government as follows—
10.1.1 the Banking Employers Forum shall nominate six (6) representatives onto the Council, such representatives to represent the interests of organised employers;
10.1.2 the Banking Employees Forum shall nominate six (6) representatives onto the Council, such representatives to represent the interests of organised labour; and
10.1.3 the Government shall appoint one (1) representative onto the Executive Council, who shall represent the State.
10.1.4 the Authority must consist of an equal number of members representing employees and employers


10.2 The nominations and appointments to the Council in the proportion as set out in 10.1 will be made by the Banking Employers Forum, the Banking Employees Forum or the Department as the case may be. The rules and regulations of which fora will be provided to the Authority on request of the Chairman of the Council.


10.3 The term of office of each Councillor shall be two (2) years, and such Councillor will thereafter be eligible for re-appointment by his respective nominator for a further period of two (2) years.


10.4 The Council shall meet at least quarterly at such time and place, and subject to such conditions as it may from time to time determine.


10.5 The names of these nominees to the Council shall be listed in a schedule and annexed (see Schedule D) to the constitution.


10.6 The Council shall draw up a Code of Conduct to which it will at all times adhere, which will be annexed to this constitution and form part thereof. Such Code of Conduct (See Schedule C) will be subject to the approval of the Minister and will be finalised within 90 (ninety) days of the Authority being constituted.


10.7 The Council shall elect, from amongst its members, a Chairman and a Vice-Chairman.


10.8 The term of office of such elected office-bearers shall run concurrently with their term of office as Councillors.


10.9 The appointment of such office bearers shall take place within one month of the Authority's first annual general meeting and the terms of office of the respective office bearers shall commence immediately.


10.10 Nominations for the respective office bearers shall be put forward by the Councillors at such first meeting which nomination will need to be seconded by a further Councillor. A majority vote by show of hands by the Councillors will cause such member to be appointed to the respective office bearer position.


10.11 The office of a Councillor shall, notwithstanding the provision of any agreement with the Authority or the Council be vacated, ipso facto, if:
10.11.1 he ceases to be employed within the national banking sector;
10.11.2 his nomination to the Council is withdrawn by his nominator ;
10.11.3 he is removed by resolution of the remaining Councillors’;
10.11.4 he becomes of unsound mind or insane;.
10.11.5 he becomes insolvent or compromises with his creditors or is sequestrated whether provisionally or finally.


10.12 Additionally, should an Councillor for any reason fail to attend three (3) consecutive meetings without the leave of absence of the Chairperson, or should the remaining Councillors by majority vote be of the opinion that it is no longer suitable for such a person to be a Councillor, the Chairperson shall write to such Councillor and his nominating body advising them that he has ceased to be a member of the Council and setting out the reasons therefore.


10.13 Such Councillor will be entitled to a hearing of their nominating body, and the decision of the nominating body shall be final.


10.14 Should a vacancy occur on the Council, whether by death, resignation, exclusion as set out above, or otherwise, the nominating body shall have the power to fill such vacancy, subject to the number of Councillors at all times consisting of an equal number representing organised labour and organised employers as stipulated in clause 10.1.


10.15 Vacancies so arising in the Council shall be filled by appointment by the member of the nominating body who nominated such departing Councillor as per the rules and regulations of the respective nominating body, within 30 (thirty) days of such notification being received.


10.16 The Council shall at all times retain the proportionality as set out in 10.1 above.