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

Constitutions

Constitution of the Information Systems (IT), Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT SETA)

Chapter Five

5. Legal Status

 

5.1 The Authority is hereby established under:
5.1 Section 9 of the Skills Development Act 1998 (Act No 97 of 1998) as amended;
5.2 The South African Qualification Act, 1995 (Act No 58 of 1995); and
5.3 The Skills Development Levies Act, 1999 (Act No 09 of 1999).

 

5.2 The Authority is a body corporate with an identity and existence entirely separate and distinct from that of its office bearers or members and shall continue to exist notwithstanding changes in the composition of the membership or office bearers. As such, the Authority may sue or be sued in its own name and is capable of having its own rights, obligations and duties;

 

5.3 The Authority is an association not for gain and the income and property of the Authority, wheresoever it may be derived, shall be applied solely towards the promotion of its objectives as recorded herein and no portion thereof shall be paid, divided, distributed or transferred directly or indirectly in any manner whatsoever to the members of the Authority.

 

5.4 This notwithstanding, nothing shall prevent the payment in good faith of reasonable remuneration to any officer or servant of the Authority or to any member thereof in return for any services provided by such person to the Authority in accordance with the objectives as laid out in this Constitution;

 

5.5 The Authority may establish committees, standing committees, ad hoc committees, sub committees and functional committees for such period as it may consider necessary in order to achieve the objectives or perform the functions of the Authority as provided for herein;

 

5.6 Every committee may, in turn and subject to such conditions as the Authority may determine, establish ad hoc or sub committees for such periods as it may consider necessary to achieve the objectives or perform any of the functions of that committee as may be required for the Authority to achieve its objectives as recorded in the Act and this Constitution;

 

5.7 In the case of standing committees, the chairperson of the Authority must inform the Minister of such establishment;

 

5.8 When establishing any committee in terns of this Constitution, the establishing Authority must provide terms of reference, which shall include, subject to the provisions of this Constitution:
• The name of each committee established by it;
• Membership
• Functions;
• Period of establishment;
• Accountability;
• Quorum;
• Funding; and
• Which person shall act as chairperson.

 

5.9 The Authority may authorise any person or persons to act on behalf of it and to sign all such documents and take all such steps as may be necessary in connection with any proceedings at law brought by or against the Authority.