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

Constitutions

Constitution of the Transport Education and Training Authority (TETA)

13. Removal and Replacement of Members and Office Bearers

 

13.1 The Board may remove a member or representative from the Board, Chamber Mancom or any committee for any of the following reasons:
13.1.1 For breach of the TETA Code of Conduct and Board Charter.
13.1.2 For incapacity, where such incapacity of a member reasonably justifies removal.
13.1.3 For engaging in activities that have or may have the effect of undermining the integrity or reputation of TETA and/or its Chambers and/or any of its Board Committees or subcommittees.
13.1.4 For being absent from three consecutive TETA Board or Chamber Mancom meetings or subcommittee meetings without good cause and prior to tender of apology, provided that in the case of a Chamber Mancom representative, the TETA Board shall act on the advice of that Chamber.
13.1.5 For any willful or negligent infringement of any term or condition of this Constitution, the PFMA or operating practice or procedure or rules of order governing meetings, which has the effect of undermining the reputation, work of TETA, misleading any other member or representative or in any way placing TETA, its members or employees in an embarrassing or disadvantageous position.

 

13.2 In the event of the anticipated removal of the Chairperson of the Board, Chamber Mancom or any of the Board Committees, the Chief Executive Officer shall pursue the matter under the direction of the remainder of the members of the Board or Chamber Mancom, together with the Board Secretary.

 

13.3 Whenever a vacancy occurs in a Ministerial nominee member’s position, the TETA Board must inform the Minister concerned of the vacancy in writing as soon as possible and request that a suitable replacement be appointed from the Ministers office.

 

13.4 Whenever a vacancy occurs in the Board or Chamber Mancom in respect of any employee, or employer representative position, the relevant TETA structure must as soon as practicable invite nominees from the relevant Chamber to fill the vacancy. In appointing a new member from the nominees of employees’ and or employer organisations, TETA shall continue to ensure a representative coverage of the industries, occupations and enterprises that make up the sector, including small business.

 

13.5 Any person appointed to fill a vacancy that arises shall occupy such position from the time of appointment until the expiry of the term of office of the previous incumbent.

 

13.6 In addition to the above, it remains the prerogative of an employer organisation, and an employee organisation to replace any one or more of its representatives sitting on one or more TETA bodies by giving at least 10 day’s notice in writing to the effect, delivered to the Chief Executive ’Officer. A representative so replaced shall have no right of appeal to TETA.