Skills Development Act, 1998 (Act No. 97 of 1998)RegulationsStandard Constitution of SETA Regulations15. Meeting Procedures |
| (1) | Meetings of Accounting Authority |
| (a) | The Accounting Authority must meet at least once every three months; |
| (b) | The business of the Accounting Authority includes— |
| (i) | the discussion of any matter referred to it or arising from the financial statements or reports; |
| (ii) | the discussion of any matter of which notice has been given to the Chairperson at least 10 days before the date of notice regarding the meeting; |
| (iii) | the transaction of such other business as is required to be transacted by the Accounting Authority in terms of the Act, the PFMA, the SDLA or this Constitution; and |
| (iv) | the delegation of its functions to members, employees or committees. |
| (c) | An Annual General Meeting must be held and must be advertised in the media at least 30 days before the meeting. |
| (d) | The business of the Accounting Authority at the Annual General Meeting must include consideration of— |
| (i) | the annual financial statements of the Accounting Authority; |
| (ii) | an Annual Report on the Accounting Authority's affairs; |
| (iii) | the report of the Auditor-General on the Accounting Authority; and |
| (iv) | acceptance, for recommendation to the Director-General, of the SETA's annual budget and business plan. |
| (2) | Meetings of Executive Committee |
| (a) | The Executive Committee must meet at least once a month or may meet more when necessary. |
| (b) | Meetings of the Executive Committee must comply with the procedures contemplated in item 11. |
| (3) | Special meetings of Accounting Authority, Executive Committee and other committees |
| (a) | The Chairperson may, on grounds of urgency, call a special meeting of the Accounting Authority or Executive Committee on at least 48 hours' notice, whether in the form of a physical meeting or by using any electronic medium. |
| (b) | if the Chairperson receives a request for a meeting, signed by at least 50 per cent of the members of the Accounting Authority or the Executive Committee, the Chairperson must, as soon as is practicable, give notice of a special meeting of the Accounting Authority or the Executive Committee, as the case may be, and that special meeting must be held within 15 working days of receiving such request. |
| (c) | The chairpersons of any committee of the Accounting Authority may, on grounds of urgency, call a special meeting on at least 48 hours' notice, whether in the form of a physical meeting or by using any electronic medium. |
| (4) | Meeting procedures for all committees |
| (a) | In respect of meetings of the Executive Committee or any other committee established by the Accounting Authority listed in Annexure 5, whether in the form of a physical meeting or by using any electronic medium, the relevant chairperson must— |
| (i) | give at least 10 working days written notice of the proposed meeting to members; and |
| (ii) | include an agenda with such notice. |
| (b) | A quorum at a meeting, whether in the form of a physical meeting or by using an electronic medium, consists of at least 50 per cent of the total number of members plus one member provided that at least 50 per cent of the members representing organised labour and at least 50 per cent of the members representing organised employers are present. |
| (c) | If, within one hour of the time fixed for the meeting, a quorum is not formed— |
| (i) | that meeting must stand adjourned to another day; and |
| (ii) | the members present at the follow-up meeting held within 14 days thereafter will constitute a quorum for the purposes of that meeting. |
| (d) | When a Member is unable to attend a meeting, that member must inform the relevant chairperson accordingly no later than 48 hours before the meeting takes place but in unforeseen circumstances the relevant chairperson must be informed as soon as possible. |
| (e) | he voting procedures and decision-making procedures at meetings are as follows: |
| (i) | Each member present has a single vote on any matter serving before a meeting for its decision. |
| (ii) | Votes by proxy are not allowed. |
| (iii) | Any decision at a meeting requires the support of at least 50 per cent plus one of the members present. |
| (iv) | Decisions must be taken by way of a show of hands or, if at least 50 per cent of the members present so require, by way of a closed ballot (v) In the event of an equality of votes, the chairperson has a casting vote. |
| (v) | In the event of an equality of votes, the chairperson has a casting vote. |
| (f) | The chairperson must ensure that— |
| (i) | the minutes of each meeting are taken; |
| (ii) | the minutes are forwarded to the members within two weeks of the meeting; |
| (iii) | the minutes are tabled at the next meeting for approval by the members; and |
| (iv) | the minutes that are approved, are retained in a record system. |
| (g) | The chairperson must sign the approved minutes as confirmation of their approval. |