Amendment of Constitution of Sector Education and Training Authority (Seta)

REGULATIONS UNDER THE SKILLS DEVELOPMENT ACT 97 OF 1998: AMENDMENT OF CONSTITUTION OF SECTOR EDUCATION AND TRAINING AUTHORITY (SETA)

(8 November 2002 - to date)

SKILLS DEVELOPMENT ACT 97 OF 1998

Government Notice 1400 in Government Gazette 19420, dated 2 November 1998. Commencement date: 2 February 1999, unless otherwise indicated

Government Notice R1399 in Government Gazette 24035, dated 8 November 2002. Commencement date: 8 November 2002.

The Minister of Labour has, under section 36 read with section 13 of the Skills Development Act, 1998 (Act No. 97 of 1998) and after consultation with the National Skills Authority, made the regulations in the Schedule.

SCHEDULE

1.       Definitions

2.       Amendment of constitution of SETA

1.       Definitions

In these regulations any word or expression given a meaning in the Act has that meaning, unless the context indicates otherwise.

2.       Amendment of constitution of SETA

(1)      A SETA that wishes to amend its constitution must in writing submit in duplicate to the Minister -

(a)      the text of the proposed amendments to its constitution;

(b)      a certified copy of its resolution approving the proposed amendments; and

(c)      a brief memorandum explaining the rationale for such amendments.

(2)      After considering the submission and after consultation with the relevant SETA, the Minister may wholly or in part effect the amendments proposed by the SETA by notice in the Gazette.

(3)      If the Minister wishes to amend a constitution of a SETA, he or she must submit to the SETA-

(a)      the text of the proposed amendments; and

(b)      a memorandum explaining the rationale for such amendments.

(4)      The Minister must allow the SETA thirty (30) working days to make written representations concerning the amendments, proposed by the Minister in terms of sub-regulation (3).

(5)      After considering any representations made by the SETA, the Minister may wholly or in part effect his or her proposed amendments by notice in the Gazette.

(6)      The Minister must -

(a)      submit to the SETA a certified copy of any amendments to its constitution; and

(b)      direct the Director-General to retain a certified copy of such amendments.

(7)      Each SETA must retain an updated version of its constitution, which indicates the date on which any amendment to the constitution took effect.

(8)      Whenever its constitution is amended, a SETA must supply the Director-General with a copy of its updated constitution which must reflect the latest amendment.