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

Chapter 2 : National Skills Authority

6. Composition of National Skills Authority and term and vacation of office

 

(1) The National Skills Authority consists of—
(a) a voting chairperson appointed by the Minister;
(b) 24 voting and six non-voting members appointed by the Minister; and

[Section 6(1)(b) amended by section 4(a) of Act No. 37 of 2008]

(c) its non-voting executive officer appointed in terms of section 8(2)(a).

 

(2) The members referred to in subsection (1)(b) are—
(a) five voting members nominated by NEDLAC and appointed by the Minister to represent organised labour;
(b) five voting members nominated by NEDLAC and appointed by the Minister to represent organised business;
(c) five voting members nominated by NEDLAC and appointed by the Minister to represent organisations of community and development interests, which must include—
(i) a woman who represents the interests of women;
(ii) a person who represents the interests of the youth; and
(iii) a disabled person who represents the interests of people with disabilities;
(d) five voting members appointed by the Minister to represent the interests of the State;
(e) four voting members appointed by the Minister to represent the interests of education and skills development providers;

[Section 6(2)(e) amended by section 4(b) of Act No. 37 of 2008]

(eA) two non-voting members, who have expertise in skills development, appointed by the Minister after consultation with the National Skills Authority;

[Section 6(2)(eA) inserted by section 3(b) of Act No. 31 of 2003]

(f) two non-voting members, who have expertise in the provision of employment services, appointed by the Minister;

[Section 6(2)(f) amended by section 4(c) of Act No. 37 of 2008]

(g) a non-voting member nominated by the South African Qualifications Authority and appointed by the Minister;

[Section 6(2)(g) amended by section 4(c) of Act No. 37 of 2008]

(h) a non-voting member nominated by the QCTO and appointed by the Minister.

[Section 6(2)(h) inserted by section 4(d) of Act No. 37 of 2008]

 

(3) The Minister must designate five members as deputy chairpersons, one deputy chairperson each from the members to be appointed to represent—
(a) organised labour;
(b) organised business;
(c) organisations of community and development interests;
(d) the interests of the State; and
(e) education and skills development providers.

[Section 6(3) amended by section 4(e) of Act No. 37 of 2008]

 

(4) A member of the Authority holds office for a period of five years and is eligible for re-appointment on expiry of his or her term of office, but may not serve more than two consecutive terms of office.

[Section 6(4) amended by section 4(f) of Act No. 37 of 2008]

 

(5) A member of the Authority vacates office if that member—
(a) is removed from office by the Minister as contemplated in subsection (6); or
(b) resigns by written notice addressed to the Minister.

 

(6) The Minister may remove a member of the Authority—
(a) on the written request of the body that nominated that member in terms of subsection (2);
(b) for serious misconduct;
(c) for permanent incapacity;
(d) for absence from three consecutive meetings of the Authority—
(i) without the prior permission of the Authority; or
(ii) unless the member shows good cause; or
(e) for engaging in any activity that may undermine the functions of the Authority.

 

(7) If the chairperson or a member of the Authority vacates office before the expiry of the period of office, the Minister must, in terms of subsection 1(a) or (2), respectively, appoint a new chairperson or member, as the case may be, for the unexpired portion of that period within 90 days.

[Section 6(7) amended by section 4(g) of Act No. 37 of 2008]