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

Constitutions

Constitution of the Transport Education and Training Authority (TETA)

7. Powers of TETA

 

7.1 TETA shall, subject to the provisions of the Act, be governed by its Constitution, read in conjunction with the PFMA and all other applicable legislation and managed by the Board. TETA shall, subject to the provisions of the Act, the PFMA and TR have all such powers as may be necessary to enable it to carry out its functions and fulfill its objectives, and without limiting the generality thereof, it shall have the following specific powers:

 

7.1.1 Be accountable and responsible for the governance of TETA in terms of the Act, the PFMA, TR and where applicable the Companies Act.

 

7.1.2 Confirm the appointment of any representative member of Employee and Employer groups, and his or her alternate, duly nominated to serve on the Board and Board committees.

 

7.1.3 Establish and approve the Board and Board Committee Charters taking into account the requirements of good governance practices and the unique composition and make up of the Board.

 

7.1.4 Establish and approve the number, powers and roles of Board Committees.

 

7.1.5 Establish Chambers and Committees as is more specifically provided for in terms of Sections 12 and 13(3)(vii) of the Act, and to dissolve such Committees and amend the number of Chambers as provided for in this Constitution.

 

7.1.6 Appoint a Chief Executive Officer in terms of Section 13(3)(a)(xi) of the Act and such other employees as may be necessary for the effective functioning of TETA.

 

7.1.7 Approve the strategic business plan of TETA.

 

7.1.8 Delegate specific functions and the commensurate powers to the board, Board Committees, management, Chambers, outside organisations and persons, without abrogating its responsibility.

 

7.1.9 Ensure that appropriate business structures, processes and systems are in place to achieve the business strategy, goals and objectives of TETA.

 

7.1.10 Ensure that TETA has and maintains effective, efficient and transparent systems of financial and risk management and internal control.

 

7.1.11 Be responsible for the management, including the safeguarding of the assets and for the management of the revenue, expenditure and liabilities of TETA.

 

7.1.12 Take effective and appropriate steps to prevent irregular expenditure, fruitless and wasteful expenditure, losses resulting from criminal conduct, and expenditure not complying with the operational policies of TETA.

 

7.1.13 Receive the levy income and other income and to manage the same in accordance with the Levies Act read together with the PFMA, TR and Generally Accepted Accounting Standards.

 

7.1.14 Approve the general strategic, financial and operational policies of TETA.

 

7.1.15 Approve the annual TETA budget and approve or disapprove the audited financial statements of TETA, including its Chambers.

 

7.1.16 Determine, the remuneration payable to Board members, Board Committees and consultants providing advice to the Board and, its members.

 

7.1.17 Determine the scare of remuneration for the Chief Executive Officer, and approve such scales of remuneration for all other staff as recommended by the Chief executive Officer with due regard to representations made by the appropriate Board Committees and Chambers.

 

7.1.18 Stipulate the terms and conditions of employment of the Chief Executive Officer and other TETA employees.

 

7.1.19 Establish parameters within which all general procurement and administrative matters should take effect; taking into account the requirements for effective Supply Chain Management principles and practices as is required by the TR.

 

7.1.20 Regulate any other matter that may impact upon the good governance of TETA as a whole.

 

7.1.21 Execute any other power allowed by law.