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

Constitutions

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

6. The Council

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Functions of Council

 

6.1The Council is accountable to the Minister and is the highest decision-making structure of the SETA.

 

6.2The Council must—
6.2.1manage and control the affairs of the SETA:
6.2.2provide strategic direction to the SETA;
6.2.3formulate general policy for the SETA, including an employment policy;
6.2.4approve the Sector Skills Plan, annual budget and business plan of the SETA.

 

Powers of the Council

 

6.3Subject to the provisions of the Act, the Council has such powers as may be necessary to enable it to carry out its functions including the power to—
6.3.1allow non-voting participation in the SETA in terms of Clause 3.3;
6.3.2admit qualifying organisations as envisaged in clause 3.7;
6.3.3invite representatives to the Council in tens of clause 6.4.3.;
6.3.4establish committees. including specialist advisory committees, as and when required;
6.3.5appoint an Executive Officer, and if necessary terminate the services of the Executive Officer in accordance with the employment policy of the SETA;
6.3.6determine the terms and conditions of employment, code of conduct and areas of responsibility of the Executive Officer;
6.3.7determine the scale of remuneration and other related matters for members of any SETA structure, including the Council;
6.3.8make rules and formulate procedures relating to—
6.3.8.1meetings;
6.3.8.2financial matters; and
6.3.8.3general procurement, tendering procedures and other administrative matters which are in accordance with the provisions of this Constitution, the Act or any other law;
6.3.9delegate any of its powers or duties in terms of clause 10, and subject to section 13 (3)(b)(i) of the Act;
6.3.10appoint and set the scale of remuneration, of a properly qualified auditor; and
6.3.11report on skills development in the Sector.

 

Composition of the Council

 

6.4The Council is made up as follows—

 

6.4.1Voting Members (24)

 

6.4.1.1A maximum of four (4) members representing organized employers from each of the sub-sectors as defined, namely:
clothing;
textiles; and
footwear and leather; and
6.4.1.2A maximum of four (4) members representing organized labour from each of the sub-sectors as defined, namely:
clothing:
textiles; and
footwear and leather.

 

6.4.2Non-voting members appointed by the Minister (4).

 

If the Minister considers it appropriate for the Sector, the Minister may, after due consultation with the Council, appoint—

6.4.2.1up to two (2) representatives of interested professional bodies, and
6.4.2.2up to two (2) representatives to represent bargaining councils within the jurisdiction in the Sector.

 

6.4.3By Council invitation (non-voting members)

 

The Council may, subject to any conditions determined by the Council, invite—

6.4.3.1any government department that has an active interest in the SETA to nominate a representative to sit on the Council;
6.4.3.2any trade union or employer organisation listed in Schedule 2 that has an active interest in the SETA but that is not a qualifying organisation, to nominate a representative to sit on the Council.

 

6.5An alternate may be appointed by each constituency with a voting or non-voting member. The alternate will act in the absence of the principal member.

 

6.6The following employees sit on the Council in an ex officio capacity—
6.6.1the Executive Officer;
6.6.2any other SETA staff as decided by Council from time to time

 

Appointments to the Council

 

6.7Qualifying employer organisations must appoint or elect by majority vote, the embers referred to in clause 6.4.1.1.

 

6.8Qualifying trade unions must appoint or elect by majority vote, the members referred to in clause 6.4.1.2.

 

6.9The Council must approve a plan for ensuring that each constituency contemplated in section 11 of the Act that has members on the SETA, is represented by members who are sufficiently representative of black people, women and people with disabilities,

 

Term of office

 

6.10Subject to clauses 5.5 and 5.6, members of the Council hold office for a period of two (2) years and may be reappointed thereafter.

 

Office Bearers

 

6.11The Council must elect by a simple majority vote from amongst its members—
6.11.1a chairperson who will hold office for a period of two (2) years; and
6.11.2a vice-chairperson who will similarly hold office for a period of two (2) years, provided that the chairperson and vice- chairperson may not be from the same constituent party as defined in sections 6.4.1.1 and 6.4.1.2 above.

 

6.12The chair must rotate every two (2) years between the constituent parties as defined in section 6.4.1.1 and 6.4.1.2.

 

6.13The chairperson must preside and enforce order at meetings, sign minutes of meetings after confirmation of the minutes by the meeting, and perform such other duties assigned to him or her by the Council.

 

6.14In the absence of the chairperson, the vice-chairperson will perform the chairperson's functions and, in the event of both being absent, the Council may appoint a temporary chairperson from amongst their members.

 

Meetings of the Council

 

6.15The Council must meet at least twice a year.

 

6.16The chairperson must arrange additional meetings—
6.16.1at the written request of at least fifty percent (50%) plus one (1) of the members of the Council; or
6.16.2of his or her own volition and in consultation with the Executive Committee.

 

6.17Notice of at least twenty one (21) days must be given of any additional meeting called in terms of clause 6.16.

 

6.18The first meeting of each financial year will serve as an Annual General Meeting at which audited accounts and an annual report of the activities of the SETA must be tabled.

 

6.19The Council may at its discretion require meetings to be held in private.

 

6.20If within sixty (60) minutes of a time fixed for any Council meeting a quorum is not present, the meeting will be adjourned to the same day in the following week, at the same time and place, and at such adjourned meeting those present will constitute a quorum notwithstanding the fact that there may be less than 2/3rds of the voting members present.

 

Notice of Meetings

 

6.21The Executive Officer, on the instruction of the chairperson, must give at least eight (8) days’ written notice to members of meetings of the Council.

 

6.22Notwithstanding sub-clause 6.21, a meeting may be called on shorter notice if the chairperson decides that there are good grounds for doing so.

 

6.23The following documents must be attached to a notice of a meeting—
6.23.1the agenda of the meeting; and
6.23.2proposed amendments to the Constitution, if applicable.

 

Disputes

 

6.24In the event of a deadlock arising in regard to a proposed resolution of the Council, the matter may be dealt with in accordance with clause 12 of the Constitution.