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

Constitutions

Constitution of the Energy Sector Education & Training Education (ESETA)

6. Definitions
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Any expression which is not specifically defined herein, but which is defined in the Skills Development Act No. 97 of 1998 shall, unless the contrary intention is apparent from the wording contained herein, bear the meaning assigned to it in the Act. Those expressions that are defined in the Act and used that context in this constitution appear in italics.

 

In this constitution, the following definitions apply:

 

"The Act"

means the Skills Development Act No. 97 of 1998 and covers its related regulations;

 

"Alternate"

means a person appointed to act on behalf of a member of the Authority in the absence of the latter;

 

"Authority"

means the Board of the ESETA;

 

"BEE"

means Black Economic Empowerment;

 

"Constituency"

means employers, labour and government as broad groupings of stakeholders;

 

"Chairperson"

means the Chairperson of the Authority elected in terms of section 14 of this constitution;

 

"Chamber"

means a chamber of the ESETA established in terms of clause 15.7 of this constitution;

 

"Chief Executive Officer"

means the Chief Executive Officer of the ESETA who is appointed under section 17 of this constitution;

 

"Committee"

means any permanent committee, ad-hoc or sub-committee of the ESETA;

 

"Department"

means the Department of Labour;

 

"Deputy-Chairperson"

means the Deputy-Chairperson of the Authority elected in accordance with section 14 of this constitution;

 

"Director General"

means the Director General of the Department of Labour;

 

"Education and training standards"

means registered statements of desired education and training outcomes and their associated assessment criteria as defined in the SAQA Act;

 

"Energy and Water Sector"

means the sector, which has a scope of coverage, determined by the Minister in terms of the Act and its related regulations, and as detailed in Schedule 1 of this constitution. This scope and coverage may be amended by the Minister from time to time;

 

"ESETA"

means the Sector Education and Training Authority for the Energy and Water Sector established by the Minister under section 9 of the Act;

 

"Executive Committee"

means the committee established in terms of section 15 of this constitution for the management of the operational affairs of the SETA;

 

"Functional Committee"

means a committee established in terms of section 15 of this constitution to oversee the main functions of the Energy SETA;

 

"LRA"

means the Labour Relations Act No. 66 of 1995 (as amended);

 

"Member"

means any person(s) nominated by a Stakeholder to serve on the ESETA Board or any of the sub-structures of the SETA;

 

"Minister"

means the Minister of Labour;

 

"NSA"

means the National Skills Authority established in terms of section 4 of the Act;

 

"Organised labour"

means any trade union or federation of trade unions registered as such under the provisions of the LRA;

 

"Organised employers"’

means any employers' organisation registered as such under the provisions of the LRA or major companies or any other associations that are or have been formed to promote, advance or represent the interests of their members, where their members are employers;

 

"Qualification"

means the formal recognition of the achievement of the required number and range of credits and such other requirements at specific levels of the National Qualifications Framework as may be determined by the relevant bodies registered for such purpose by the South African Qualifications Authority;

 

"Regional Committee"

means a committee established in terms of section 15 of this constitution;

 

"Stakeholder"

means organised employer bodies including small business, organised labour unions, relevant government departments and other bodies as contemplated in Section 11 of the Act who are directly involved in the Energy and Water Sector. Stakeholders are listed in Schedule 2 of this constitution;

 

"SAQA Act"

means the South African Qualifications Authority Act No 58 of 1995 and its related regulations;