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

Constitutions

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

Chapter 4 : Composition of THETA

10. Terms and conditions of office of Members of THETA

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10.1Subject to this constitution, each Member of the Board of the THETA shall hold office for a period of five years from the date of his appointment. Each Member shall hold office until the member:
10.1.1reaches the end of his term;
10.1.2ceases to hold a qualification necessary under the Act or this constitution to be appointed, or his nomination is revoked by notice in writing to THETA by the organisation that nominated him;
10.1.3resigns, dies or otherwise becomes incapable of discharging his duties; or
10.1.4becomes insolvent or commits any act of insolvency;
10.1.5is removed from office by THETA, after being afforded an opportunity to be heard, as a result of:
10.5.1.1serious misconduct;
10.1.5.2any violation of the Code of Conduct in this constitution or any other provisions of this constitution;
10.1.5.3being absent from three consecutive meetings of the Board of THETA without good cause or the prior permission of the Chairperson;
10.1.5.4any conduct that may undermine the integrity of THETA or which may bring THETA or any of its Members into disrepute; or
10.1.5.5any other good reason.

 

10.2Whenever a vacancy occurs in a Ministerial nominee Board Member position, THETA must inform the Minister concerned of the vacancy in writing within 2 calendar months. THETA shall provide the Minister concerned with a list of recommended suitable candidates, and in selecting Ministerial nominees, the Minister concerned shall not be bound to consider any candidates who have been recommended by THETA.

 

10.3Whenever a vacancy occurs in any recognised organised labour or employer Board Member position, THETA must within 14 days invite the relevant recognised Employees' or Employers' Organisation that had nominated the vacating Board Member, as the case may be, to appoint a Member to fill the vacancy. A new Member shall be appointed within 2 calendar months of the vacancy occurring.

 

10.4Any Member appointed to fill a replacement vacancy shall occupy such position from the time of his appointment for the remaining period of the term of office.

 

Members of the Board of THETA may not serve for more than two five-year terms that follow each other.