Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Manufacturing, Engineering and Related Services Sector Education & Training Authority (MERSETA)24. Schedule 3 : Nomination of Members |
| 1.1 | Nominations by organised employers |
Organised employers listed in Schedule 2 may nominate sixteen (16) members to represent their interests on the Governing Board.
| 2. | Nominations by organised labour |
Trade unions listed in Schedule 2 may nominate sixteen (16) members to represent their interests on the Governing Board.
| 3. | Application to the Governing Board by new organisations wishing to nominate members. |
| 3.1 | Any organisation which is not listed in Schedule 2 may apply to the Governing Board to participate in the nomination of members to represent organized employers or organised labour (as the case may). |
| 3.2 | The organisation must submit— |
| 3.2.1 | their constitution or founding document; |
| 3.2.2 | the size of their membership; |
| 3.2.3 | a motivation for consideration by the Governing Board; and |
| 3.2.4 | any other information the Governing Board considers relevant. |
| 3.3 | The Governing Board must consider the organisation's representations as contemplated in clause 3.2 as well as |
| 3.3.1 | any representation from a chamber if the organised employer would fall within that chamber; or |
| 3.3.2 | any representation from organised labour which may organise in the same sector as the organisation. |
| 3.4 | If the Governing Board is of the view that the organisation is sufficiently representative of organised employers or organised labour within the Manufacturing, Engineering and Related Services sector, then the Governing Board must list the organisation in Schedule 2. The organisation may thereafter participate in the nomination of members. |
| 4. | Inviting stakeholder participation |
| 4.1 | The Governing Board must review the list of organised employers and organized labour every two (2) years. If the Governing Board deems it appropriate the Governing Board must call on organised employers and trade unions (not employers and employees) to participate by nominating members in the Governing Board. The purpose of such an invitation is to ensure that the Governing Board is properly represented by members representing organized employers and organised labour and that the representation is reviewed on a biannual basis. |
| 5. | Consulting on proportional representation |
| 5.1 | Once every two (2) years the Governing Board invites organised employers and trade unions (respectively) to nominate representatives as members. |
| 5.2 | Organised employers assisted by the Chair or Deputy Chair of the Governing Board (whichever office bearer has been nominated by organised employers) would then by way of consultation attempt to reach agreement on the number of members to proportionally allocate each organisation to represent organized employers on the Governing Board. |
| 5.3 | Trade unions assisted by the Chair or Deputy Chair of the Governing Board (whichever office bearer has been nominated by organised labour) would then by way of consultation attempt to reach agreement on the number of members to proportionally allocate each organisation to represent organised labour on the Governing Board. |
| 5.4 | Once organised employers and organised labour have reached agreement (respectively) on the number of members an organisation may nominate then the organisation may decide on the appropriate person to sit as a member on the Governing Board as contemplated in clause 8 of the constitution. |
| 5.5 | If agreement cannot be reached then the principle of proportional representation must be applied. |
| 6. | Resolving disputes |
If there is a dispute regarding interpretation or application of this schedule which cannot be resolved amicably and informally then the organisations may refer a dispute for arbitration as contemplated in Schedule 5 of the constitution.