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

Constitutions

Constitution of the Chemical Industries and Training Authority (CHIETA)

Annexures

Annexure C : Nomination of Members

Purchase cart Previous page Return to chapter overview Next page

 

1.Nominations by organised employers

 

Organised employers listed in Annexure "B" may nominate 9 members to represent their interests on the Governing Board.

 

2.Nominations by organised labour

 

Trade unions listed in Annexure "B" may nominate 9 members to represent their interests on the Governing Board.

 

3.Application to the Governing Board by new organisations wishing to nominate members

 

3.1Any organisation which is not listed in Annexure "B" may apply to the Governing Board to participate h the nomination of members to represent organised employers or organised labour (as the case may be).

 

3.2The organisation must submit—
3.2.1their constitution or founding document;
3.2.2the size of their membership;
3.2.3a motivation for consideration by the Governing Board; and
3.2.4any other information the Governing Board considers relevant.

 

3.3The Governing Board must consider the organisation's representations as contemplated in clause 3.2 as well as
3.3.1any representation from a chamber if the organised employer would fall within that chamber; or
3.3.2any representation from organised labour which may organise in the same sector as the organisation.

 

3.4If the Governing Board is of the view that the organisation is sufficiently representative of organised employers or organised labour within the sector, then the Governing Board must list the organisation in Annexure "B". The organisation may thereafter participate in the nomination of members.

 

4.Inviting stakeholder participation

 

4.1The Governing Board must review the list of organised employers and organise labour every two years. If the Governing Board deems it appropriate the Governing Board must call on organised employers and trade unions (not employers and employees) to participate by nominating members in the Governing Board. The purpose of such an invitation is to ensure that the Governing Board is properly represented by members representing organised employers and organised labour and that the representation is reviewed on a biannual basis.

 

5.Consulting on proportional representation

 

5.1Once every two years the Governing Board invites organised employers and trade unions (respectively) to nominate representatives as members.
5.2Organised employers assisted by the Chair or Deputy Chair of the Governing Board (whichever office bearer has been elected by organized employers) would then by way of consultation attempt to reach agreement on the number of members to proportionally allocate each organisation to represent organised employers on the Governing Board.
5.3Trade, unions assisted by the Chair or Deputy Chair of the Governing Board (whichever office bearer has been elected by organised labour) would then by way of consultation attempt to reach agreement on the number of members to proportionally allocate each organisation to represent organised labour on the Governing Board.
5.4Once organised employers and organised labour have reached agreement (respectively) on the number of members an organisation may nominate then the organisation may decide on the appropriate person to sit as a member on the Governing Board as contemplated in clause 8 of the constitution.
5.5If agreement cannot be reached then the principle of proportional representation must be applied.

 

6.Resolving disputes

 

If there is a dispute regarding the interpretation or application of this schedule which cannot be resolved amicably and informally then the organisations may prefer a dispute for arbitration as contemplated in Annexure "F" of the constitution.