Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Clothing, Textile, Footwear and Leather Sector Education and Training Authority (CTFLSETA)SchedulesSchedule 3 : Code of Conduct for Council and Committee Members |
| 1. | Introduction |
Members of any SETA structure, employees of the SETA, and any person co-opted onto a structure of the SETA are subject to this Code of Conduct and are expected to heed both the written word and the spirit of this Code.
The Clothing, Textiles, Footwear and Leather Sector Education and Training Authority is committed to a policy of fair dealing and integrity in the conduct of its business. This commitment, which is actively endorsed by the Council, is based on na fundamental belief that the SETA’S affairs should be conducted honestly, fairly and legally. The SETA expects all members, representatives and SETA employees to share in its commitment to high moral, ethical and legal standards.
| 2. | Definitions |
In this Code of Conduct, unless the context otherwise indicates—
"Act"
means the Skills Development Act;
"Constitution"
means the Constitution of the SETA
"Council"
means the Council of the SETA;
"Committee"
means the Executive Committee, a specialist advisory Committee or any other committee established by the Council;
"Executive Officer"
means the Executive Officer of the SETA;
"Member"
means a member of the Council or a member of any committee of the Council, and for the purposes of this Code of Conduct is deemed to include a person co-opted onto any structure of the SETA;
| 3. | Conduct of Members And Employees |
| 3.1 | Members and employees of the SETA must uphold the SETA Constitution and in the exercise of their responsibilities must— |
| 3.1.1 | comply with all applicable laws and regulations which relate to their activities for and on behalf of the SETA; |
| 3.1.2 | promote the interests of and advance the objects of the SETA; |
| 3.1.3 | act honestly and in the utmost good faith; |
| 3.1.4 | perform their duties conscientiously and in the best interests of the SETA; |
| 3.1.5 | ensure that a conflict or an appearance of conflict does not arise between the SETA’s interests and their personal interests; |
| 3.1.6 | declare any conflict or interests as provided for in this Constitution; |
| 3.1.7 | exercise reasonable care and diligence; |
| 3.1.8 | not make any improper use of any information acquired as a member or employee of the SETA. |
| 3.2 | In addition to the above, members must to the best of their ability, act— |
| 3.2.1 | for the benefit of their constituency; |
| 3.2.2 | for the benefit of the SETA and the SETA’S reputation. |
| 4. | Confidentiality |
| 4.1 | Members and employees must‘ at all times maintain as confidential the SETA’s affairs, methods of business, and business operations. |
| 4.2 | No member or employee may at any time disclose any of the confidential information referred to in clause 4.1 made known to them whilst involved in the SETA, to any person, persons or body of persons, corporate or incorporate except to consult with their constituencies. In such a case the Council’s deliberations must be presented in a full and fair manner. |
| 4.3 | The information gained by virtue of being a member or employee of the SETA may not be used for personal gain. |
| 4.4 | The Council must determine when information is to be placed in the public domain. At this time members will be expected to promote the interests of the SETA providing always that this is not for personal gain. |
| 5. | Disclosure of Interests |
| 5.1 | A member or employee who has a direct or indirect interest in any business being conducted by the SETA, or who holds any office or possesses any property which might cause a conflict of duties or interest must declare such interest or potential conflict. |
| 5.2 | A member or employee must disclose any conflict of interests or duties to a meeting of the Council or to a committee of the Council if that person is not a Council member, as soon as practicable after he or she becomes aware of the relevant facts. |
| 5.3 | A member or employee undertakes not to take part in any transaction between the SETA and any company or firm in which he or she, or any member of his or her family, has an interest without declaring such interest and having been specifically authorised by the Council to do so. |
| 5.4 | All disclosures made to a meeting of the Council or committee must be recorded in the minutes of such meeting. |
| 6. | Media Statements |
| 6.1 | Media statements concerning aspects relevant to the activities and meetings of the Council or its committees, may only be issued by the Executive Officer, or a person nominated by the Council. |
| 6.2 | If a member of the SETA is requested to appear on television or to take part in a radio talk show on behalf of that member's constituency, that member must obtain telephonic approval from the chairperson to speak on behalf of the Council or its committees. Opinions expressed must be in keeping with the SETA policy. |
| 7. | Contravention of The Code |
| 7.1 | It is a serious offence to contravene this Code. Any employee or member who suspects that they may have contravened the Code must immediately advise the Executive Officer. |
| 7.2 | Employees or members who suspect a contravention of the Code by another employee or member must report this, preferably in writing, to the Executive Officer. |
| 7.3 | The Executive Officer must investigate any allegation that the Code has been contravened impartially and must, as far as possible, maintain confidentiality during the course of the investigation. |
| 7.4 | A contravention of the Code may result in disciplinary action being taken and could result in the termination of employment of an employee or the termination of the membership of a member of the Council or a committee of Council. |
| 7.5 | Any contravention of this Code will be dealt with in terms of current Council policies or other applicable laws. |