| (1) | The Minister must provide a constitution for every SETA which, subject to this Act, must be in line with a standard constitution prescribed prescribed by the Minister. |
| (2) | Subject to this Act, the standard constitution referred to in subsection (1) must at least contain the following matters: |
| (b) | The identification of the SETA by— |
| (ii) | setting out its scope of coverage; |
| (iii) | setting out its constituencies in the relevant sector; and |
| (iv) | setting out its legal status; |
| (c) | The general objectives of the SETA and its objectives in respect of— |
| (i) | employers in the relevant sector; and |
| (d) | The functions of the SETA; |
| (e) | The framework, procedure and process for the development of a strategic plan for the SETA relating to this Act and in accordance with the Public Finance Management Act; |
| (f) | The Accounting Authority of the SETA in respect of— |
| (i) | its composition of members in accordance with the number of members per constituency; |
| (ii) | its powers and duties, and delegation of functions; |
| (v) | the nomination and appointment of members; |
| (vi) | consultation on proportional representation; |
| (vii) | alternates for members; |
| (viii) | the term of office of members; |
| (ix) | the induction and capacilty building of members and alternates; |
| (x) | the first meeting at eacb new term of office of members; |
| (xi) | the suspension of members; |
| (xii) | the removal of members from office; |
| (xiii) | the filling of vacancies iin the Accounting Authority; and |
| (xiv) | the application to the Accounting Authority for listing as new organisations; |
| (i) | an Executive Committee, including its composition, term of office and functions; |
| (ii) | an Audit Committee, including its composition, accountability and functions; |
| (iii) | a Finance Committee, including its composition, accountability and functions; |
| (iv) | a Remuneration Committee, including its composition, accountability and functions; and |
| (v) | a Governance and Strategy Committee, including its composition, accountability and functions; |
| (h) | The Chairperson of the Accounting Authority regarding his or her— |
| (iv) | temporary absence or incapacity; and |
| (i) | Meetings, special meetings and meeting procedures of the Accounting Authority, Executive Committee, chambers and other committees; |
| (j) | The appointment of the Chief Executive Officer and other employees and the duties of the Chief Executive Officer; |
| (k) | The finances of the SETA, in respect of— |
| (iii) | purposes for which funds may be used; |
| (iv) | financial records of the SETA; |
| (v) | the audit of the SETA; |
| (vi) | the financial responsibility of the Executive Committee of the SETA; and |
| (vii) | signatories to accounts; |
| (I) | A code of conduct for the SETA; |
| (m) | A dispute resolution system; |
| (n) | The indemnification of members of the Accounting Authority of the SETA, members of committees and employees of the Accounting Authority; |
| (o) | The amalgamation with other SET As and the dissolution of the SETA; |
| (p) | The taking over of the administration of the SETA; and |
| (q) | The amendment of the constitution of the SETA. |
| (3) | A SETA may apply to the Minister in writing for a deviation from the standard constitution referred to in subsection (1). |
| (4) | The application contemplated in subsection (3) must set out the extent of the deviation requested and must be accompanied by a detailed motivation to justify the requested deviation. |
| (5) | The Minister may approve the deviation contemplated in subsection (3) if the deviation— |
| (a) | is unique to the functions and operation of the SETA in question; |
| (b) | is justified within the framework of the national skills development strategy; and |
[Section 13 amended by section 11 of Act No. 26 of 2011]
