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

Constitutions

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

Schedules

Amendment History Table

 

AMENDMENT HISTORY

Policy Number

Version

Number

Description

Revision Rule

ISETT SETA Constitution

20th January, 2000

3.1

Original document

20th January, 2000

ISETT SETA Constitution

4.0

First revision

May 2003

CON ISETT SETA

Constitution

5.0

Second revision incorporating DoL recommendations (REF: 12/P/26/MT)

2nd October, 2004
(a) Various formatting and numbering corrections;
(b) Additional Definitions:
(c) "National Skills Development Strategy"
(d) "SETA"
(e) "Employees Organisation"
(f) "Organised Employer"
(g) "Sector"
(h) Paragraph 7 added "and government Gazette No. 21012 of 20 March 2000 as amended."
(i) Paragraph 8 amended to "To develop sector skills plans within the framework of the Skills Development Strategy" instead of "To develop sector skills plans, which take cognisance of the employment equity act."
(j) Paragraph 11 and 12 amended to include "Employee Organisation: and "Organised Employer" throughout.
(k) Paragraph 12.5 changed from 'Provided that the provisions of Section 11(d) of the Act are complied with, such groups referred to in that section may be admitted as the Authority and the Minister may lay down members subject to such criteria as from time to time." to "The Minister, after consultation with organised employers including small business, organised labour, relevant government departments, considers it appropriate for the sector he may allow members of:
(i) Any interested professional body;
(ii) Any bargaining council with jurisdiction in the sector, to form part of the Isett Seta.
(a) Paragraph 19.1 include names of functional committees;
(b) Where necessary "ISETT SETA" replaced by "Authority"
(c) Inserted Paragraph 34 - Indemnity;
(d) Inserted Paragraph 35 - Taking over Administration of Authority;

CON ISETT SETA

Constitution

6.0

Formatting changes: Index and Approval Page added

22nd November 2004

CON ISETT SETA

Constitution

7.0
(a) Change "Executive Officer" to "Chief Executive Officer" throughout the document;

25th November 2004
(b) Paragraph 14.2.2 inserted "or at another meeting of the Authority properly constituted as required for the annual general meeting of the Authority";
(c) Paragraph 17.2 inserted "The Audit committee shall consist of at least five members, of whom at least three should be independent persons appointed by the Board and at least two should be Board members."; and

 

"The Audit Committee shall appoint a chairperson from the independent members of the Committee."

 

This change was done to ensure the Audit Committee Charter and Constitution are aligned.
(d) Para graph 26.3 replaced "may be determined by the Minister" with "determined by the Authority" too ensure it does not contradict the Investment Policy.
(e) Amendments to Schedule 1 as required by Annual Review.
(f) Various formatting and numbering corrections.

CON ISETT SETA

Constitution

8.0

DoL Suggestions were acted on:

 

 

Chapter Three

Name

 

Added "Sector" between the words Technologies and Education.

The word "Authority" was changed whenever the word Authority is used in this Constitution to begin with a capital letter.

 

 

Chapter Four

Legal Status

 

Clause 4.1.1. Added: 1998 (Act No. 97 of 1998) (As amended)

Clause 4.1.2. Revised to read: The South African Qualification Act, 1995 (Act No. 58 of 1995)

Clause 4.1.3. Revised to read: The Skills Development Levies Act (Act No. 09 of 1999)

Clause 4.5: The words Ad hoc changed to Italics throughout the constitution

 

 

Chapter 6

Definitions

 

This chapter was moved to appear as Chapter 2. This necessitated a change in numbering.

The reference to clause 5.1 was added to clause 2.3:

"Authority" - means the Information Systems, Electronics and Telecommunications Technologies Sector Education and Training Authority established hereby (see Clause 5.1);

The C in Constitution was changed to a capital letter throughout the document.

The clauses were sorted in alphabetical order for easy reference.

Clause 2.23 was changed to refer to the documents that list the ISETT SETA'S scope of coverage.

Abbreviations were used when referring to definitions of words defined, like the Labour Relations Act as "LRA".

The formatting of the various Acts quoted was improved on.

Definitions were added e.g. - the Skills Development Levies Act, means the Skills Development Levies Act, 1995 (Act No. 9 of 1999).

 

 

Chapter 7

Areas of Jurisdiction

 

References to the Minister of Labour were changed to the use of only the word "Minister".

 

 

Chapter 13

Annual General Meeting

 

Clauses 13.5.4 & 13.7.1: For consistency purposes the lumbers (7 days or 21 days) were used instead of words.

Clause 13.7.3.: For consistency purposes be (90%) number was used instead of words.

13.7.5 & 13.7.7 The word pre-paid was changed to "registered".

 

 

Chapter 16

Executive Committee

 

16.2.1. CEO has been defined in Chapter 2.

16.2.2. Added ' but who is not a member of the committee between the words "committee and shall"'

16.2.2 & 16.2.3. A space was created between these two.

 

 

Chapter 17

Audit Committee

 

Clause 17.3: Added "but who is not a member of the Audit committee" between the words "Committee and shall."

 

 

Chapter 18

Provincial Committees

 

18.1 Republic has been defined in chapter 2.

18.4 Both paragraphs were numbered as 18.4.1 and 18.4.2 respectively.

 

 

Chapter 19

Functional Committees

 

Clause 19.3.1: "Skills Development" was removed from the first bullet.

Clause 19.3.4 changed to 19.4.

Clause 19.3.6 changed to 19.5.

 

 

Chapter 20

The Executive Officer

 

Clause 20.4: Reference to Clause 20.1 has been added.

Clauses 20.7, 20.8, 20.9 were linked directly to the CEO.

Clause 20.9 was reformatted.

 

 

Chapter 26

Finances of Authority

 

Clause 26.1: Added "of surplus monies" after investments on the fourth bullet.

Added "grants and bequests" after donations on the sixth bullet.

Clause 26.3: Added "No" on the second bullet.

Clauses 26.4 & 26.5: A space was created between these two clauses.

Clause 28(d): Added "resources" after information.

 

 

Chapter 30

Confidentiality

 

The Levies Act has been defined in Chapter 2.

 

 

Chapter 33

Dissolution or Winding Up

 

This chapter has been moved to the last Chapter.

 

 

Chapter 34

Indemnity

 

This chapter was incorporated with Chapter 12: "Liability of Members" and thus deleted as Chapter 34.

 

9th April 2005 and

9th June 2005

CONISETT SETA Constitution

8.1

Chapter 17

Terms of Office have been clarified

1st July 2005