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

Constitutions

Constitution of the Transport Education and Training Authority (TETA)

10. Composition of the TETA Board

Purchase cart Previous page Return to chapter overview Next page

 

10.1Members nominated onto the TETA Board should have the appropriate experience and skills to ensure an appropriate duty of skill and care as per the requirements of the PFMA, Companies Act and King Report on Corporate Governance.

 

10.2The powers, which the Constitution of the TETA confers upon the Board members, may normally be exercised only by them collectively, acting as the Board. Their fiduciary duties, however, rest upon them individually and require that:

 

10.2.1They act only within their powers and use their powers only for the purposes for which they were conferred.

 

10.2.2They act with the required skill and care.

 

10.2.3They avoid conflict of interest and use their powers only for the benefit of TETA.

 

10.2.4They do not use information acquired in their capacity as directors for personal gain.

 

10.2.5They retain their independence of action and do not enter into agreement to fetter the discretion they have as directors.

 

10.3In accordance with the principle of equal representation from employer and employee groups, the Board shall consist of a maximum of 36 members made up of 32 voting and 4 non-voting members.

 

10.4The voting members of the Board shall be:

 

10.4.1Two members per Chamber nominated by the employee group (non-executive directors).

 

10.4.2Two members per Chamber nominated by the employer group (non-executive directors).

 

10.5The non-voting members of the Board shall, (if deemed appropriate and appointed by the Minister) be:

 

10.5.1The Chief Executive Officer of TETA.

 

10.5.2One member from the Department of Transport,

 

10.5.3One member representing Professional Bodies, whose activities and interests fall primarily within the Transport Sector.

 

10.5.4One member from Bargaining Boards established in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), with jurisdiction in this sector.