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


Constitution of Wholesale and Retail Sector Education and Training Authority (W&R SETA)

7. Powers


7.1 The W&R SETA, subject to the provisions of the Act and the Levies Act has all such powers as may be necessary to enable it to carry out its functions and fulfill its objectives and without limiting the generality thereof it shall have the following powers:
7.1.1 To receive funds in terms of section 14(1) of the Act;
7.1.2 To open banking accounts at registered banks and to deposit all funds received in terms of the Levies Act into the said banking accounts in accordance with the provisions of section 14(2) of the Act;
7.1.3 Register learnership agreements concluded in terms of Section 17(3) of the Act;
7.1.4 Monitor education and training in the sector whether conducted within the ambit of the National Skills Framework or otherwise;
7.1.5 Establish learnerships within the sector and to register learnerships with the Director-General as contemplated in Section 16(d) of the Act;
7.1.6 Approve or reject workplace skills plans in the prescribed manner;
7.1.7 Allocate grants in the prescribed manner to employers, education and training providers and workers as determined in the funding regulations;
7.1.8 Purchase, sell, donate, exchange, take on lease, hire or otherwise acquire or dispose of movable or immovable property or any right therein and to improve and develop any of its property or assets in such manner as it deems fit;
7.1.9 To appoint an agent or agents to represent it for any specific purpose, including the power to employ accountants, attorneys, advocates and other professional persons for any specific purpose and to remunerate such persons at the usual professional or business rate;
7.1.10 To take action in a court of law for the recovery of any amounts due to it or to compel the fulfillment of obligations in its favour and to defend any proceedings that may be instituted against it;
7.1.11 To pay all expenses incurred in connection with its proper and efficient administration and subject to any limits which may be prescribed from time to time
7.1.12 Establish and dissolve committees or chambers as is more specifically provided for in Section 12 and 13(3)(a)(vii) of the Act;
7.1.13 Appoint a CEO and employ staff and to contract with persons to assist it in the carrying out of its functions and to remunerate such staff or persons from funds allocated to it in the prescribed manner for its administration expenses; necessary for the effective running of the W&R SETA
7.1.14 Formulate the general policy of the W&R SETA;
7.1.15 Approve the annual budget of the W&R SETA;
7.1.16 Approve the business plan of the W&R SETA;
7.1.17 Determine the scale of remuneration and other related matters for the W&R SETA, committee Board members and employees;
7.1.18 Determine the terms and conditions of employment of the CEO and other employees of the W&R SETA;
7.1.19 Make rules relating to the W&R SETA'S meetings, financial matters, general procurement and administrative matters which are in accordance with the provisions of this constitution, the Act or any other law; and
7.1.20 Report on skills development within the sector.