Amended Skills Development Act

(1)           For the purpose of the establishment of a SETA, the Minister must approve the constitution of the SETA.

(2)           The Minister may, after consultation with the SETA, amend its constitution in the prescribed manner.

(3)           Subject to this Act, the constitution of a SETA –

(a) must specify –

(i)         the trade unions, employer organisations and relevant government departments in the sector;

(ii)        the circumstances and manner in which a member of SETA may be replaced;

(iii)      the number of members to be appointed to the SETA, provided that the SETA must consist of an equal number of members representing employees and employers;

(iv)      the procedure for the replacement of a member of the SETA by the organisation that nominated that member;

(v)       the circumstances and manner in which a member may be replaced by the SETA;

(vi)      the election of office-bearers by the members of the SETA and of persons to act during their absence or incapacity, their term of office and functions and the circumstances and manner in which they may be replaced;

(vii)    the establishment and functioning of committees, including an executive committee;

(viii)   the rules for convening and conducting of meetings of the SETA and its chambers and committees, including the quorum required for and the minutes to be kept of those meetings;

(ix)      the voting rights of the different members and the manner in which decisions are to be taken by the SETA and its chambers and committees;

(x)       a code of conduct for members of the SETA and its chambers;

(xi)      the appointment of an executive officer, and such other employees necessary for the effective performance of the functions of the SETA, by its members, including the determination of their terms and conditions of employment; and

(xii)    the determination through arbitration of any dispute concerning the interpretation or application of the constitution; and

(b) may provide for –

(i)         the delegation of powers and duties of the SETA to its members, chambers, committees and employees, provided that the SETA may impose conditions for the delegation, may not be divested of any power or duty by virtue of the delegation and may vary or set aside any decision made under any delegation; and

(ii)        any other matter necessary for the performance of the functions of the SETA.

(4)           In order to ensure that its membership is representative of designated groups, every SETA must –

(a) provide in its constitution that each constituency contemplated in section 11 represented on the SETA in question is represented by members who are sufficiently  representative of such designated groups; and

(b) take the necessary steps to ensure that the constituencies in question comply with the provision in the SETA’s constitution contemplated in paragraph (a).