Acts Online
GT Shield

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

Constitutions

Constitution of the Clothing, Textile, Footwear and Leather Sector Education and Training Authority (CTFLSETA)

6. The Council

 

Functions of Council

 

6.1 The Council is accountable to the Minister and is the highest decision-making structure of the SETA.

 

6.2 The Council must—
6.2.1 manage and control the affairs of the SETA:
6.2.2 provide strategic direction to the SETA;
6.2.3 formulate general policy for the SETA, including an employment policy;
6.2.4 approve the Sector Skills Plan, annual budget and business plan of the SETA.

 

Powers of the Council

 

6.3 Subject to the provisions of the Act, the Council has such powers as may be necessary to enable it to carry out its functions including the power to—
6.3.1 allow non-voting participation in the SETA in terms of Clause 3.3;
6.3.2 admit qualifying organisations as envisaged in clause 3.7;
6.3.3 invite representatives to the Council in tens of clause 6.4.3.;
6.3.4 establish committees. including specialist advisory committees, as and when required;
6.3.5 appoint an Executive Officer, and if necessary terminate the services of the Executive Officer in accordance with the employment policy of the SETA;
6.3.6 determine the terms and conditions of employment, code of conduct and areas of responsibility of the Executive Officer;
6.3.7 determine the scale of remuneration and other related matters for members of any SETA structure, including the Council;
6.3.8 make rules and formulate procedures relating to—
6.3.8.1 meetings;
6.3.8.2 financial matters; and
6.3.8.3 general procurement, tendering procedures and other administrative matters which are in accordance with the provisions of this Constitution, the Act or any other law;
6.3.9 delegate any of its powers or duties in terms of clause 10, and subject to section 13 (3)(b)(i) of the Act;
6.3.10 appoint and set the scale of remuneration, of a properly qualified auditor; and
6.3.11 report on skills development in the Sector.

 

Composition of the Council

 

6.4 The Council is made up as follows—

 

6.4.1 Voting Members (24)

 

6.4.1.1 A maximum of four (4) members representing organized employers from each of the sub-sectors as defined, namely:
• clothing;
• textiles; and
• footwear and leather; and
6.4.1.2 A maximum of four (4) members representing organized labour from each of the sub-sectors as defined, namely:
• clothing:
• textiles; and
• footwear and leather.

 

6.4.2 Non-voting members appointed by the Minister (4).

 

If the Minister considers it appropriate for the Sector, the Minister may, after due consultation with the Council, appoint—

6.4.2.1 up to two (2) representatives of interested professional bodies, and
6.4.2.2 up to two (2) representatives to represent bargaining councils within the jurisdiction in the Sector.

 

6.4.3 By Council invitation (non-voting members)

 

The Council may, subject to any conditions determined by the Council, invite—

6.4.3.1 any government department that has an active interest in the SETA to nominate a representative to sit on the Council;
6.4.3.2 any trade union or employer organisation listed in Schedule 2 that has an active interest in the SETA but that is not a qualifying organisation, to nominate a representative to sit on the Council.

 

6.5 An alternate may be appointed by each constituency with a voting or non-voting member. The alternate will act in the absence of the principal member.

 

6.6 The following employees sit on the Council in an ex officio capacity—
6.6.1 the Executive Officer;
6.6.2 any other SETA staff as decided by Council from time to time

 

Appointments to the Council

 

6.7 Qualifying employer organisations must appoint or elect by majority vote, the embers referred to in clause 6.4.1.1.

 

6.8 Qualifying trade unions must appoint or elect by majority vote, the members referred to in clause 6.4.1.2.

 

6.9 The Council must approve a plan for ensuring that each constituency contemplated in section 11 of the Act that has members on the SETA, is represented by members who are sufficiently representative of black people, women and people with disabilities,

 

Term of office

 

6.10 Subject to clauses 5.5 and 5.6, members of the Council hold office for a period of two (2) years and may be reappointed thereafter.

 

Office Bearers

 

6.11 The Council must elect by a simple majority vote from amongst its members—
6.11.1 a chairperson who will hold office for a period of two (2) years; and
6.11.2 a vice-chairperson who will similarly hold office for a period of two (2) years, provided that the chairperson and vice- chairperson may not be from the same constituent party as defined in sections 6.4.1.1 and 6.4.1.2 above.

 

6.12 The chair must rotate every two (2) years between the constituent parties as defined in section 6.4.1.1 and 6.4.1.2.

 

6.13 The chairperson must preside and enforce order at meetings, sign minutes of meetings after confirmation of the minutes by the meeting, and perform such other duties assigned to him or her by the Council.

 

6.14 In the absence of the chairperson, the vice-chairperson will perform the chairperson's functions and, in the event of both being absent, the Council may appoint a temporary chairperson from amongst their members.

 

Meetings of the Council

 

6.15 The Council must meet at least twice a year.

 

6.16 The chairperson must arrange additional meetings—
6.16.1 at the written request of at least fifty percent (50%) plus one (1) of the members of the Council; or
6.16.2 of his or her own volition and in consultation with the Executive Committee.

 

6.17 Notice of at least twenty one (21) days must be given of any additional meeting called in terms of clause 6.16.

 

6.18 The first meeting of each financial year will serve as an Annual General Meeting at which audited accounts and an annual report of the activities of the SETA must be tabled.

 

6.19 The Council may at its discretion require meetings to be held in private.

 

6.20 If within sixty (60) minutes of a time fixed for any Council meeting a quorum is not present, the meeting will be adjourned to the same day in the following week, at the same time and place, and at such adjourned meeting those present will constitute a quorum notwithstanding the fact that there may be less than 2/3rds of the voting members present.

 

Notice of Meetings

 

6.21 The Executive Officer, on the instruction of the chairperson, must give at least eight (8) days’ written notice to members of meetings of the Council.

 

6.22 Notwithstanding sub-clause 6.21, a meeting may be called on shorter notice if the chairperson decides that there are good grounds for doing so.

 

6.23 The following documents must be attached to a notice of a meeting—
6.23.1 the agenda of the meeting; and
6.23.2 proposed amendments to the Constitution, if applicable.

 

Disputes

 

6.24 In the event of a deadlock arising in regard to a proposed resolution of the Council, the matter may be dealt with in accordance with clause 12 of the Constitution.