| 13.1 | The Governing Board will establish the following committees: |
| (a) | An Executive Committee. |
| (b) | Functional Standing Committees for Finance, Remuneration and ETQA; |
| (i) | Automobile Manufacturing, |
| (ii) | Metal and Engineering, |
| (iii) | Retail Motor and Components, |
| (d) | Regional Committees shall be established if the Governing Board deems it necessary |
| (e) | Communication Committee shall be established if the Governing Board deems it necessary. |
| (a) | The voting members of the Executive Committee shall comprise the Chairperson and Deputy-Chairperson of the Governing Board plus five (5) members of the Governing Board nominated by members representing organised labour on the Governing Board and five (5) members of the Governing Board nominated by members representing organised employers on the Governing Board as per schedule 2. |
| (b) | The Chief Executive Officer, Chief Financial Officer and the Skills Development Implementation Manager shall be non-voting members of the Executive Committee. |
| (c) | The majority plus one (1) members of the Executive Committee, on the side of organised employers as well as organised labour will constitute a quorum. |
| (d) | Sub-clauses 11.5 to 11.11, with the necessary changes, apply to Executive Committee meetings. |
| (e) | The Executive Committee shall meet at least every six weeks. |
| (f) | The Executive Committee shall be responsible for the oversight of the management of the operational affairs of the MERSETA. |
| (g) | The Executive Committee shall have the power to refer such matters as it may deem fit to any other standing committee or any ad-hoc committee it may establish and to withdraw or vary such reference at any time. |
| (h) | In particular, but without limiting the generality of this, the Executive Committee shall have the following specific functions and duties: |
| (i) | Present the policies, annual budget, business plan, and sector skills plan, service level agreement, annual report and annual financial report to the Governing Board for ratification. |
| (ii) | Manage, co-ordinate and monitor the activities of Functional Standing Committees, chambers, and any other ad hoc committees of the Governing Board. |
| (iii) | Ensure that any issues and responsibilities are referred to the relevant Functional Standing Committees, chambers or Regional Committees of the Governing Board, for appropriate action. |
| (iv) | Appoint such ad hoc committees as may be required. |
| (v) | Submit the annual report on the affairs of the MERSETA to its members for consideration. |
| (vi) | Present the financial statements of the MERSETA to its members for approval. |
| 13.3 | Functional Standing Committees |
| (a) | There shall be five (5) members representing organised employers and five (5) members representing organised labour on each Functional Standing Committee. |
| (b) | There shall be an equal number of organised employer members per chamber on each Functional Standing Committee. |
| (c) | The members representing organised labour on each Functional Standing Committee will be determined by the organised labour caucus based on proportional representation. |
| (d) | The Functional Standing Committees shall elect the following office bearers: |
A Chairperson and
A Deputy-Chairperson
Nominees for office bearer positions shall be properly proposed, seconded and their availability confirmed at the first meeting each year of the relevant functional standing committee. Voting shall take place by show of hands, unless there is unanimity amongst all members.
The Chairperson and Deputy-Chairperson shall be nominated annually from among members representing organised employers and organised labour on the Functional Standing Committee concerned. Where the Chairperson is nominated from the organized labour constituency, the Deputy-Chairperson must be nominated from the organised employer constituency and vice versa. Each year the roles must be reversed - unless otherwise agreed.
| (e) | Sub-clauses 11.5 to 11.11, with the necessary changes, apply to Functional Standing Committee meetings. |
| (f) | Both the Chairperson and the Deputy-Chairperson shall be eligible for re-election to that position of office. |
| (g) | Once a new Chairperson and Deputy-Chairperson have been appointed, the duties of the current Chairperson and Deputy-Chairperson terminate. |
| (h) | In the absence of the Chairperson, the Deputy-Chairperson will perform the functions of the chairperson at meetings of the relevant Functional Standing Committee. In the event of both being absent, the relevant Functional Standing Committee may appoint a temporary chairperson to perform these functions. |
| (i) | There shall be at least one (1) non-voting MERSETA staff representative on each Committee. |
| (j) | Each Functional Standing Committee shall meet at least four (4) times per year. |
| (k) | The Functional Standing Committees report to the Executive Committee. |
| (l) | The terms of reference for the Functional Standing Committees are contained in Schedule 7. |
| (a) | The Chairperson, Deputy Chairperson and Chief Executive Officer and Chief Financial Officer of the MERSETA will be additional members to this committee. The Chief Executive Officer and Chief Financial Officer will be non-voting members. |
| (b) | The committee shall be responsible for monitoring the financial, budgetary, personnel and facilities affairs of the MERSETA. |
| (c) | Ensure that the MERSETA meets the requirements of the PFMA. |
| (d) | In particular, but without limiting the generality of this, the Committee shall have the following specific functions and duties: |
Finance
| (i) | To develop policies, principles, criteria and guidelines related to finance for recommendation to the Executive Committee. |
| (ii) | To prepare and recommend the annual business plan and budget. |
| (iii) | To recommend the appointment of the independent auditor and to receive and consider the auditor's report. |
| (iv) | To recommend auditors to conduct annual risk assessments for the MERSETA. |
| (a) | Each chamber shall comprise equal numbers of members representing organised employers and organised labour but shall not exceed eight (8) voting members per side and six (6) alternates. Alternates may attend meetings and participate through their principals. Alternates may only vote if the principal member cannot attend the meeting. |
| (b) | The chamber shall elect the following office bearers: |
A Chairperson and
A Deputy-Chairperson
Nominees for office bearer positions shall be properly proposed, seconded and their availability confirmed at the first meeting of the relevant chamber in any calendar year. Voting shall take place by means of a show of hands, unless there is unanimity amongst members.
The Chairperson and Deputy-Chairperson shall be nominated annually from among members representing the organised employers and organised labour on the chamber concerned. Where the Chairperson is nominated from the organised labour constituency, the Deputy-Chairperson must be nominated from the organised employer constituency and vice versa. Each year the roles must be reversed-unless otherwise agreed.
| (c) | Both the Chairperson and the Deputy-Chairperson shall be eligible for re-election to that position of office. |
| (d) | Once a new Chairperson and Deputy-Chairperson have been appointed, the duties of the current Chairperson and Deputy-Chairperson terminate. |
| (e) | In the absence of the Chairperson, the Deputy-Chairperson will perform the functions of the Chairperson at meetings of the relevant chamber. In the event of both being absent, the relevant chamber may appoint a temporary chairperson to perform these functions. |
| (f) | Sub-clauses 11.5 to 11.11, with the necessary changes, apply to chamber meetings. |
| (g) | Each chamber shall meet at least four (4) times per year. |
| (h) | Each chamber has decision making powers on functions delegated to it in terms of clause 8.2. The decisions of chambers must be consistent with the principles, criteria, policies and guidelines of the MERSETA. |
| (i) | The Terms of Reference of the chambers are contained in schedule 6, and includes the following: |
| (j) | Develop sub sectoral input into the sector skills plan in accordance with principles, criteria, policies and guidelines of the MERSETA. |
| (i) | Identify education and training needs in the sub sector. |
| (ii) | Monitor the development and implementation of apprenticeships, learnerships, skills programmes and ABET in the sub sector. |
| (iii) | Liaise with relevant bargaining councils, forums, professional associations and specialised sub sector providers. |
| (k) | Chambers report to the Executive Committee of the MERSETA. |
| (a) | The Governing Board shall appoint an audit committee, comprised of five (5) members including the chairperson, the majority of whom shall not be employed by the MERSETA. |
| (b) | The audit committee members will be appointed for a three (3)-year term of office. |
| (c) | The fees payable to members of the audit committee will be determined by the Governing Board. |
| (d) | The audit committee will function in accordance with the requirements of the PFMA. |
| (e) | The members of the audit committee must have the necessary standing and expertise to assure the Governing Board that the material risks associated with the MERSETA are being appropriately managed. |
| (f) | The audit committee will meet biannually or more regularly if the risk profile of the MERSETA so requires. |
| (g) | The audit committee will be required to submit a report to the Executive Committee on at least a biannual basis. |
| (h) | The Chief Executive Officer of the MERSETA shall attend the meetings of the audit committee and report to it on matters within its jurisdiction. |
| (i) | The MERSETA will provide support services to the audit committee in performing its functions. |
| (j) | Sub-clauses 11.5 to 11.11, with the necessary changes, apply to meetings of the audit committee. |
