SETA Structure
| 5.1.1 | a Council that is the governing body of the SETA and the accounting authority: |
| 5.1.2 | an Executive Committee that must perform the functions of Council on a day-to-day basis; |
| 5.1.3 | specialist advisory committees responsible for assisting and advising the Council on the implementation of SETA strategy in defined functional areas: |
| 5.1.4 | other committees of Council appointed by the Council as and when required. |
| 5.2 | The Audit Committee established by the Council in terms of clause 9, does not form part of the structure of the SETA. |
| 5.3 | All structures of the SETA must have equal membership from registered employer organisations and registered trade unions, who will be the only members on the structure with voting rights. |
| 5.4 | Any structure of the SETA may co-opt any person to serve on that structure. A person co-opted to serve on any structure of the SETA— |
| 5.4.2 | must comply with any conditions imposed on him or her; and |
| 5.4.3 | must comply with the code of conduct annexed to this Constitution as Schedule 3. |
Replacement
| 5.5 | Any constituency represented by a voting or non-voting member on any SETA structure, may, on giving fourteen (14) days notice in writing to the Council, withdraw that member from any structure of the SETA, and appoint another member in the principal member's stead. |
| 5.6 | Should a vacancy arise on any SETA structure through a member's withdrawal, resignation, removal from office by the Council, death or disqualification, the vacancy must be filled by the organisation that appointed or nominated the member within three (3) weeks after such vacancy has arisen. Any member appointed to fill a vacancy will hold office for the unexpired portion of the period of office of his or her predecessor and be subject to the same conditions as his or her predecessor. |
Removal from office or membership of the SETA
| 5.7 | A member of any structure of the SETA may be removed from office by the Council— |
| 5.7.1 | on the written request of the member; |
| 5.7.2 | on the written request of the organisation that appointed or nominated the member; |
| 5.7.3 | for serious misconduct; |
| 5.7.4 | for permanent incapacity; |
| 5.7.5 | for absence from three (3) consecutive meetings without good reason or prior permission of the Council or the relevant committee; or |
| 5.7.6 | for engaging in any activity that may undermine the integrity of the SETA. |
Code of conduct
| 5.8 | Members, non-voting participants, employees and people co-opted onto a SETA structure must— |
| 5.8.1 | perform their functions in good faith, giving full effect to the obligations and spirit of the Act and the SETA'S code of conduct as reflected in Schedule 3 annexed hereto; |
| 5.8.2 | declare any possible conflicts of interest held by them or by members of their immediate families. |
General procedures for all SETA structures
| 5.9 | Unless the context indicates otherwise, the following procedures apply to meetings of all SETA structures— |
| 5.9.1 | subject to clause 5.9.2, a quorum for all meetings must not be less than two-thirds (66.7%) of the voting members or their alternates; |
| 5.9.2 | in respect of Council meetings only, and for the purposes of calculating whether a Council meeting is quorate, members who have given a written proxy to another member to vote on their behalf are deemed to be present at the meeting; |
| 5.9.3 | the Council must determine rules for proxy voting; |
| 5.9.4 | subject to clauses 5.9.5 and 5.9.6, a decision of any structure is a decision by seventy percent (70%) of the members present at the meeting and entitled to vote; |
| 5.9.5 | if any voting member is absent from any meeting, one member representing the other constituency (i.e. labour or employer) will not be allowed to vote at the meeting in order to ensure equal voting power. The members of the constituency whose vote is to be reduced, must determine which of their members will be excluded from voting; |
| 5.9.6 | for the purposes of clause 5.9.5, a member will not be absent from a meeting if— |
| 5.9.6.1 | an alternate is present in that member’s stead; |
| 5.9.6.2 | in respect of Council meetings only, the principal member has voted by way of letter, facsimile, electronic mail or by way of a proxy vote; |
| 5.9.7 | Council members may vote by way of a letter, facsimile or electronic mail on any issue, provided that— |
| 5.9.7.1 | the written vote is received by the Executive Officer no less than five (5) working days before the meeting; |
| 5.9.7.2 | a quorum in terms of clauses 5.9.1 and 5.9.2 is present at the meeting; and |
| 5.9.7.3 | any alternate appointed in the stead of the member voting by way of, letter, facsimile or electronic mail does not vote on the issue; |
| 5.9.8 | ex officio members are not entitled to vote on any structure; |
| 5.9.9 | minutes of all meetings must be produced and circulated to members of that meeting by the Executive Officer within ten (10) working days following the meeting. The minutes must be confirmed as being a true record of the proceedings by the next meeting of that structure and must thereafter be signed by the chairperson of the meeting; |
| 5.9.10 | there must be an attendance register at every meeting, which every member present in the meeting must sign; |
| 5.9.11 | members are deemed to be present at a meeting if they link into the meeting by way of a teleconference or video-conference. |
