| (1) | The Minister may issue a written instruction to a SETA if— |
| (a) | the SETA is not performing any of its functions or not complying with its service level agreement; |
| (b) | the SETA is not managing its finances in accordance with this Act; |
| (c) | the SETA’S membership is not representative of the constituencies contemplated in section 11; or |
| (d) | the SETA has not prepared and implemented an employment equity plan as contemplated in section 20 of the Employment Equity Act 1998 (Act No. 55 of 1998). |
| (2) | An instruction issued under subsection (1) must set out— |
| (a) | the reason for issuing the instruction; |
| (b) | any provision of the Act that the SETA has not complied with; and |
| (c) | the steps that the SETA is required to take and the period within which such steps must be taken. |
| (3) | At the request of a SETA, the Minister may— |
| (a) | extend the period for complying with an instruction; or |
| (b) | revise the terms of the instruction. |
| (4) | If a SETA has not complied with an instruction issued in terms of this section within the specified period, the .Minister may— |
| (a) | direct the Director-General to withhold all or part of the allocation to the SETA in terms of section 8(3)(b) of the Skills Development Levies Act for such period and on such conditions as the Director-General may determine; |
| (b) | invoke section 15 without further notice to the SETA; |
| (c) | order an investigation into the management and administration of the SETA; or |
| (d) | take any other steps necessary to ensure that the SETA performs its functions or manages its finances in accordance with this Act. |
| (5) | If a SETA has unreasonably failed to institute disciplinary proceedings for misconduct against any employee of the SETA, the Minister may direct the SETA to institute disciplinary proceedings against that employee. |
[Section 14A inserted by section 10 of Act No. 31 of 2003]
