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

Constitutions

Purchase

10.1	Members nominated onto the TETA Board should have the appropriate experience and skills to ensure an appropriate duty of skill and care as per the requirements of the PFMA, Companies Act and King Report on Corporate Governance.

10.2	The powers, which the Constitution of the TETA confers upon the Board members, may normally be exercised only by them collectively, acting as the Board. Their fiduciary duties, however, rest upon them individually and require that:

10.2.1

They act only within their powers and use their powers only for the purposes for which they were conferred.

10.2.2

They act with the required skill and care.

10.2.3

They avoid conflict of interest and use their powers only for the benefit of TETA.

10.2.4

They do not use information acquired in their capacity as directors for personal gain.

10.2.5

They retain their independence of action and do not enter into agreement to fetter the discretion they have as directors.

10.3	In accordance with the principle of equal representation from employer and employee groups, the Board shall consist of a maximum of 36 members made up of 32 voting and 4 non-voting members.

10.4	The voting members of the Board shall be:

10.4.1

Two members per Chamber nominated by the employee group (non-executive directors).

10.4.2

Two members per Chamber nominated by the employer group (non-executive directors).

10.5	The non-voting members of the Board shall, (if deemed appropriate and appointed by the Minister) be:

10.5.1

The Chief Executive Officer of TETA.

10.5.2

One member from the Department of Transport,

10.5.3

One member representing Professional Bodies, whose activities and interests fall primarily within the Transport Sector.

10.5.4

One member from Bargaining Boards established in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), with jurisdiction in this sector.