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

Constitutions

Constitution of the Clothing, Textile, Footwear and Leather Sector Education and Training Authority (CTFLSETA)

1. Legal Entity

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Name

 

1.1The name of this Sector Education and Training Authority (SETA) is the Clothing, Textiles. Footwear and Leather Sector Education and Training Authority hereinafter referred to as "We SETA",

 

Purpose of SETA

 

1.2The purpose of the SETA is to devise and implement strategies to develop and improve the skills of employees and work seekers in the Sector.

 

Legal status and purpose of Constitution

 

1.3The Constitution of the SETA is established in accordance with sections 9 and 13 of the Skills Development Act, 1998 (Act No. 97 of 1998), as amended from time to time, hereinafter referred to as "the Act".

 

1.4The purpose of this Constitution is to—
1.4.1regulate the SETA;
1.4.2provide an institutional framework to enable the SETA to fulfill its functions.

 

Place of business

 

1.5The primary place of business of the SETA is 3d Floor, Umdoni Centre, 28 Crompton Street, Pinetown, KwaZulu Natal or any other such place as the Council may determine.

 

Personality

 

1.6The SETA is a body corporate and as such—
1.6.1has perpetual succession;
1.6.2may hold property distinct and apart from its members;
1.6.3is required to use its funds for the objects as prescribed in the Act;
1.6.4is capable in law of suing and being sued, of investing funds and of operating banking and other accounts, of entering into contracts and doing or performing such other acts or things as bodies corporate may do or perform subject to the provisions of this Constitution and the Act;
1.6.5may not carry on any business which has as its objectives the acquisition of financial gain for itself or its members;
1.6.6may not distribute any of its profits to any members or any persons, save for the purpose of pursuing its objects as required by this Constitution.

 

Legislative Framework

 

1.7The Constitution must be read in compliance with the following legislation:
1.7.1Labour Relations Act, 1995 (Act No 66 of 1995).
1.7.2Basic Conditions of Employment Act, 1997 (Act No 75 of 1997).
1.7.3Skills Development Act, 1998 (Act No 97 of 1998).
1.7.4Skills Development Levies Act, 1999 (Act No 9 of 1999).
1.7.5South African Qualifications Authority Act, 1995 (Act No 58 of 1995).
1.7.6Regulations regarding the Establishment of Sector Education and Training Authorities, No 27445 of 3 March 2005.
1.7.7Regulations for National Standards Bodies, No. 452 (1 998).
1.7.8Regulations for Education and Training Quality Assurers, No 1127 (1 998).
1.7.9Employment Equity Act, 1998 (Act No. 55, 1998).
1.7.10The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996).

1.7.11The Public Finance Management Act, 1999 (Act No 1 of 1999).

1.7.12Treasury Regulations for Departments, Trading Entities,Constitutional Institutions and Public Entities, issued in terms of the Public Finance Management Act, 1999 as amended.

1.7.13National Small Business Act, 1996.

1.7.14Any other relevant Acts, regulations, or amendments as gazetted from time to time.

 

Process of amending the Constitution

 

1.8The process of amending the Constitution is as follows—
1.8.1the provisions of this Constitution may be amended by resolution adopted by at least seventy percent (70%) of the members of the Council;
1.8.2at least 30 days’ written notice of any meeting at which an amendment of the Constitution is to be considered, must be given to Council members and the notice must include full details of the proposed amendments;
1.8.3alternative proposed amendments may be circulated prior to the meeting or, if this is not possible, may be tabled at the meeting scheduled to discuss the proposed amendments; and
1.8.4no amendments to this Constitution will have force or effect until approved by the Minister.