Skills Development Act, 1998 (Act No. 97 of 1998)RegulationsStandard Constitution of SETA RegulationsAnnexuresAnnexure 4 : Representation on Accounting Authority |
1. Constituency in Sector
The labour organisations, employer organisations and category of role players contemplated in section 11(3)(c) of the Act in the Sector are as follows:
(a) Labour organisations;
(b) Employer organizations; and
(c) The following categories of role players:
(i) Government departments that have an interest in the Sector but that are not an organised employer contemplated in subitem (2);
(ii) Interested professional bodies;
(iii) Bargaining councils with jurisdiction in the Sector; and
(iv) Organisations of communities that have an identifiable interest in skills development in the Sector:
2. Member's of Accounting Authority
(1) The Accounting Authority consist of—
(a) a chairperson;
(b) not more than 14 members comprising-
| (i) | six members representing organised labour within the scope of the SETA; |
| (ii) | six members representing organised employers within the scope of the SETA; and |
| (iii) | two members representing the roleplayers contemplated in item 1(3) within the scope of the SETA. |
| (2) | The chairperson is appointed by the Minister. |
| (3) | Notwithstanding subitem (1)(b), the Minister may approve a deviation to the member of members subject to section 13 of the Act. |
| (4) | The Accounting Authority consists of the following— |
(a) organised employers:
[Insert the list of the organised employers within the scope of the SETA, represented on the Accounting Authority, and the number of Members whom each organised employer may nominate];
(b) organised labour:
[Insert the list of trade unions within the scope of the SETA represented on the Accounting Authority and the number of Members each may nominate]; and
(c) category of roleplayers contemplated in section 11(2)(c) of the Act:
[Insert the list of relevant government departments, professional bodies, bargaining councils and community organisations within the scope of the SETA, represented on the Accounting Authority].
3. Eligibility Criteria for Accounting Authority Members
(1) Minimum requirements for Members of the Accounting Authority
| (a) | Members of the Accounting Authority must be able to participate in the decision-making processes, understand the consequences of such decisions, and share in the accountability as Members of the Accounting Authority. |
| (b) | Members nominated for the Accounting Authority should comply with the following minimum requirements: |
| (i) | They must represent the interest identified in the NSDS; |
| (ii) | If taken as a whole, they must achieve— |
| (aa) | gender representation; |
| (bb) | demographic representation; |
| (cc) | representation of disadvantaged persons or communities that have been prejudiced by past racial and gender discrimination in relation to skills development programs; and |
| (dd) | a blend of knowledge, skills and experience require for the effective funding of the SETA. |
| (iii) | They must be drawn from the ranks of senior officials in the organisation concern. |
| (c) | They should have an appropriate blend of knowledge, skills and experience required for the functioning of the SETA. |
| (2) | Selection criteria for members of Accounting Authority |
| (a) | Constituencies must use the criteria listed in paragraph (b) as guidelines when nominating their representatives in order to ensure that those representatives have the competence to make constructive contributions to the Accounting Authority. |
| (b) | Representatives should have knowledge, skills and expertise in the following areas: |
| (i) | The functioning of the Accounting Authority in terms of the requirements relating to corporate governance and ethics; |
| (ii) | Skills development legislation and the NSDS; |
| (iii) | The SETA's responsibility in respect of service delivery; |
| (iv) | The PFMA and financial management; |
| (v) | The Sector and the constituency represented by the member; |
| (vi) | The strategic leadership role of the Accounting Authority; |
| (vii) | Education, training, skills development and human resources development; |
| (viii) | Quality assurance of learning provision; |
| (ix) | General management and business skills; |
| (x) | Communication and marketing role of an entity in relation to its stakeholders; and |
| (xi) | Any other areas of expertise relevant to the Sector. |
(3) Disqualifying criteria
A person is disqualified from serving as a Member of the Accounting Authority if such person—
| (a) | is not a citizen and is not a permanently resident in the Republic; |
| (b) | is subject to an order of a competent court declaring such person to be mentally ill or disordered; |
| (c) | is convicted whether in the Republic or elsewhere, of any offence for which such person is sentenced to imprisonment without the option of a fine; |
| (d) | at any time prior to the date of commencement of the Skills Development Amendment Act, 2011, was convicted or, at any time after such commencement, is convicted— |
| (i) | in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or an offence in terms of the Prevention of Corruption Act, 1958 (Act No.6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); |
| (ii) | elsewhere, of any offence corresponding materially with any offence referred to in subparagraph (i); and |
| (iii) | whether in the Republic or elsewhere, of any other offence involving dishonesty. |
(e) has been convicted of an offence under the Act.
(4) Ensuring continuity in Accounting Authority
In nominating members for the Accounting Authority, constituencies must pay due consideration to the need for continuity and renewal in the membership of such Accounting Authority.
4. Formula for Proportional Allocation of Members
(1)
| (a) | If organisations within a particular constituency cannot reach agreement on the allocation of seats per organisation, then the principle of proportionality must be applied on the basis of the formula provided in subitem (2). |
| (b) | The final number is subject to the maximum number of 15 members on the Accounting Authority contemplated in item 8(4)(a). |
| (2) | The formula is: |
(3) A represents either—
| (a) | the number of employees employed by the members of an employer's organisation listed in item 1; or |
| (b) | the number of members of a trade union listed in item 1. |
| (4) | B represents either— |
| (a) | the total number of employees employed by all the employers who are members of all employers organisations listed in item 1; or |
| (b) | the total membership of all the trade unions listed in item 1. |
| (5) | C represents 10. |
(6) D represents either—
| (a) | the number of members whom an employer organisation may nominate for the Accounting Authority; or |
| (b) | the number of members that a trade union may nominate for the Accounting Authority. |
| (7) | For example, if there are only two trade unions, one with 600 members and the other with 1 000 members, they would be proportionally represented on the Accounting Authority as follows: |
| (a) | The trade union with 600 members would nominate 40 per cent of the five members representing organised labour. |
| (b) | The trade union with 1 000 members would nominate 60 per cent of the five members representing organised labour. |