Name
| 1.1 |
The name of this Sector Education and Training Authority (SETA) is the Clothing, Textiles. Footwear and Leather Sector Education and Training Authority hereinafter referred to as "We SETA", |
Purpose of SETA
| 1.2 |
The purpose of the SETA is to devise and implement strategies to develop and improve the skills of employees and work seekers in the Sector. |
Legal status and purpose of Constitution
| 1.3 |
The Constitution of the SETA is established in accordance with sections 9 and 13 of the Skills Development Act, 1998 (Act No. 97 of 1998), as amended from time to time, hereinafter referred to as "the Act". |
| 1.4 |
The purpose of this Constitution is to— |
| 1.4.2 |
provide an institutional framework to enable the SETA to fulfill its functions. |
Place of business
| 1.5 |
The primary place of business of the SETA is 3d Floor, Umdoni Centre, 28 Crompton Street, Pinetown, KwaZulu Natal or any other such place as the Council may determine. |
Personality
| 1.6 |
The SETA is a body corporate and as such— |
| 1.6.1 |
has perpetual succession; |
| 1.6.2 |
may hold property distinct and apart from its members; |
| 1.6.3 |
is required to use its funds for the objects as prescribed in the Act; |
| 1.6.4 |
is capable in law of suing and being sued, of investing funds and of operating banking and other accounts, of entering into contracts and doing or performing such other acts or things as bodies corporate may do or perform subject to the provisions of this Constitution and the Act; |
| 1.6.5 |
may not carry on any business which has as its objectives the acquisition of financial gain for itself or its members; |
| 1.6.6 |
may not distribute any of its profits to any members or any persons, save for the purpose of pursuing its objects as required by this Constitution. |
Legislative Framework
| 1.7 |
The Constitution must be read in compliance with the following legislation: |
| 1.7.1 |
Labour Relations Act, 1995 (Act No 66 of 1995). |
| 1.7.2 |
Basic Conditions of Employment Act, 1997 (Act No 75 of 1997). |
| 1.7.3 |
Skills Development Act, 1998 (Act No 97 of 1998). |
| 1.7.4 |
Skills Development Levies Act, 1999 (Act No 9 of 1999). |
| 1.7.5 |
South African Qualifications Authority Act, 1995 (Act No 58 of 1995). |
| 1.7.6 |
Regulations regarding the Establishment of Sector Education and Training Authorities, No 27445 of 3 March 2005. |
| 1.7.7 |
Regulations for National Standards Bodies, No. 452 (1 998). |
| 1.7.8 |
Regulations for Education and Training Quality Assurers, No 1127 (1 998). |
| 1.7.9 |
Employment Equity Act, 1998 (Act No. 55, 1998). |
| 1.7.10 |
The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). |
1.7.11The Public Finance Management Act, 1999 (Act No 1 of 1999).
1.7.12Treasury Regulations for Departments, Trading Entities,Constitutional Institutions and Public Entities, issued in terms of the Public Finance Management Act, 1999 as amended.
1.7.13National Small Business Act, 1996.
| 1.7.14 |
Any other relevant Acts, regulations, or amendments as gazetted from time to time. |
Process of amending the Constitution
| 1.8 |
The process of amending the Constitution is as follows— |
| 1.8.1 |
the provisions of this Constitution may be amended by resolution adopted by at least seventy percent (70%) of the members of the Council; |
| 1.8.2 |
at least 30 days’ written notice of any meeting at which an amendment of the Constitution is to be considered, must be given to Council members and the notice must include full details of the proposed amendments; |
| 1.8.3 |
alternative proposed amendments may be circulated prior to the meeting or, if this is not possible, may be tabled at the meeting scheduled to discuss the proposed amendments; and |
| 1.8.4 |
no amendments to this Constitution will have force or effect until approved by the Minister. |
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