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

Constitutions

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

9. Membership and Composition of the Authority
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9.1The Council Members will at all times consist only of persons representing designated groups in:
9.1.1organised labour;
9.1.2organised employers, including small business;
9.1.3relevant government departments; and
9.1.4if the Minister, after consultation with the Council Members considers it appropriate for the sector:
9.1.4.1any interested professional body;

 

9.2The Council Members shall at all times be the duly appointed representatives of:
9.2.1the Banking Employers Forum (representing organised employers);(See schedule B)
9.2.2the Banking Employees Forum (representing organised labour);(See schedule B) and
9.2.3the Department of Finance (representing the government) (See schedule B).

 

9.3The Banking Employers Forum and Banking Employees Forum will be separately constituted and each of their duly authorised and nominated representatives will become independent Council Members. Each forum and its method of appointing and of removing or terminating the appointment of representatives who will act as Council Members will be regulated in terms of its own rules and regulations. Copies of these rules and regulations will be kept by the Authority.

 

9.4The Council Members will always comprise the persons as set out above and the Authority has no power to replace such Council Members.

 

9.5The Council Members shall constitute a Council, which will be responsible for the operation and functioning of the Authority in terms of the Act.

 

9.6The office of a Council Member shall, notwithstanding any other provision be terminated, ipso facto, if :
9.6.1he ceases to be employed within the national banking sector;
9.6.2he is removed in terms of the rules and regulations of the Banking Employers Forum, the Banking Employees Forum or the Department depending on whose nominated representative the removed Council Member was;
9.6.3he is removed by resolution of the Council;
9.6.4he becomes of unsound mind or insane;
9.6.5he becomes insolvent or compromises with his creditors or is sequestrated whether provisionally or finally.

 

9.7Any vacancy resulting from the termination of office of a Council Member will be filled in terms of the rules and regulations of the Banking Employers Forum, the Banking Employees Forum or the Department of Finance, depending on whose appointed representative the removed Council Member was.

 

9.8Where the office of a Council Member terminates, any concurrent office held by that member on any committee and/or chamber will automatically be terminated as well, unless the Council determines otherwise.