Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Financial and Accounting Services Sector Education and Training Authority (FASSET)4. Management Board |
| 4.1 | The management of Fasset shall be under the control of the management board. |
| 4.2 | Role and powers |
The management board must retain full and effective control over Fasset, monitor the performance of the chief executive officer and management staff and ensure that decisions take place in accordance with the framework approved by the management board. The role and powers will include specifically, but will not be limited to:
| • | providing strategic leadership; |
| • | ensuring sound governance, including appropriate risk management; |
| • | determining strategies and policies; |
| • | managing performance against agreed strategies and business plans; |
| • | appointing the chief executive officer and determining and reviewing the terms and conditions of employment; |
| • | managing the performance of the chief executive officer in accordance with agreed performance outputs; |
| • | monitoring effective financial management including the approval of budgets and all capital expenditure, fund raising and income generation; |
| • | promoting the objectives and interests of Fasset; |
| • | establishing committees and chambers as is more specifically provided for in sections 12 and 13(3)(vii) of the Act; |
| • | terminating the employment of the chief executive officer or any other employee; |
| • | approving the strategic plan that is submitted to the Department of Labour for final approval; and |
| • | approving the annual budget. |
| 4.3 | Composition |
The management board will consist of members representing:
| 4.3.1.1 | organised Labour within the jurisdiction of Fasset; |
| 4.3.1.2 | organised employers, including small business; |
| 4.3.1.3 | relevant government departments; and |
| 4.3.1.4 | if the Minister, after consultation with members referred to in clauses 4.3.1.1, 4.3.1.2, and 4.3.1.3, considers it appropriate for the sector: |
| 4.3.1.4.1 | any interested professional body; or |
| 4.3.1.4.2 | any bargaining council with jurisdiction in the sector. |
As such, 17 seats will be allocated and will be comprised as follows:
| 4.3.1.5 | employee representatives, including representatives of professional bodies, as approved by the Minister; |
| 4.3.1.6 | employer representatives, including representatives of relevant state departments and public entities; and |
| 4.3.1.7 | the chief executive officer, who will not have any voting rights on the management board. |
The chairperson and deputy chairperson shall be elected at the first meeting of the management board from amongst their number, in accordance with the principles of a two-thirds majority vote.
| 4.4 | Nomination process: employee constituency |
The procedures for the nomination of the employee constituency of the management board are detailed in Section 4.1 of Fasset's Rules of Procedure and are in accordance with this constitution and the Act.
| 4.5 | Election process: employer constituency |
The procedures for the election of the employer constituency of the management hoard are detailed in Section 4.2 of Fasset's Rules of Procedure and are in accordance with this constitution and the Act.
| 4.6 | Responsibilities of management board |
All representatives either nominated or elected to the management board will be required to:
| • | be representative of the interests of constituents in their discipline, who are registered with Fasset; |
| • | demonstrate that they fall within the appropriate constituency; |
| • | demonstrate that they have a sufficient mandate to act on behalf of the constituents they represent; |
| • | commit time and effort to attending to the affairs of Fasset; |
| • | demonstrate their involvement in and commitment to the national interests of education and training; and |
| • | consult regularly with the constituents, whose interests they are representative of, and provide regular feedback to such constituents. |
| 4.7 | Term of office |
Subject to clause 0, representatives elected to the management board will hold office for a period of two years, effective from 1 June in the year in which they are elected.
On 31 May of each year one half of the employee representatives and one half of the employer representatives elected to the management board shall retire from office. If the number of employee representatives or the number of employer representatives is not divisible by two then the nearest number to one half, rounded downwards, shall retire from office.
The representatives to retire by rotation in each year in terms of clause 0 shall be those who have held office for the longest time, but as between representatives who became representatives on the same day, those to retire shall, unless they otherwise agree among themselves or unless otherwise determined by the constituency nominating them, shall be determined by lot.
Retiring representatives will be eligible for re-election at the end of their terms of office. In the event that the chairperson is re-elected to the management board such person may stand for re-appointment as the chairperson of the management board.
A representative of the management board, other than the chief executive officer, shall cease to hold office if:
| 4.7.1.1 | he ceases to hold a qualification necessary under the Act or this constitution for appointment or his nomination is revoked by notice in writing to Fasset by the constituents whom he represents; |
| 4.7.1.2 | he resigns by notice in writing to Fasset or dies or otherwise becomes incapable of discharging his duties; |
| 4.7.1.3 | his estate is sequestrated, whether provisionally or finally; |
| 4.7.1.4 | he is found guilty of committing an offence, of which dishonesty is an element; or |
| 4.7.1.5 | he is removed from office, in accordance with the requirements of clause 4.13. |
| 4.8 | Annual general meetings and extraordinary general meetings |
The management board shall convene an annual general meeting of constituents each financial year.
The management board, in consultation with the chief executive officer, shall determine the time, date and place of such meeting. The procedures for convening and running such meetings, including notification and quorum, are detailed in Section 7 of Fasset's Rules of Procedure.
The chairperson shall, at the request of not less than two-thirds of the constituents, convene an extraordinary general meeting, within 30 days of receipt of the written request thereof signed by the requisitioning constituents.
The requisition shall include the purpose of the meeting, which shall be to transact some business that, by this constitution, is required or permitted to be transacted by Fasset. Any extraordinary general meeting shall be convened in the same manner as an annual general meeting.
| 4.9 | Meetings of management board |
The management board shall meet on at least four occasions during the financial year at such time, date and place as the management board may determine.
The chairperson of the management board may also convene additional general meetings, as may be necessary, to ensure that the management board fulfils its responsibilities to the constituency and other relevant constituents.
A representative on the management board will be required to recuse himself in the event that a conflict of interest arises. No member of the management board may vote on any issue in which a conflict of interest may exist or may arise.
The management board shall regulate its meetings as it deems fit and the procedures relating to these meetings are detailed in Section 5 of Fasset's Rules of Procedure. Alternates will not be permitted at meetings of the management board.
| 4.10 | Voting procedures at meeting of management board |
These procedures are detailed in Section 6 of Fasset's Rules of Procedure.
| 4.11 | Office bearers |
The office bearers of Fasset shall be:
| 4.11.1.1 | the chairperson; and |
| 4.11.1.2 | the deputy chairperson; |
| 4.11.1.3 | the chief executive officer. |
Should the chairperson be absent or incapacitated, the deputy chairperson shall perform the duties of the chairperson, except in the case of chairing EXCO, where a member of EXCO shall be elected by the members of EXCO to perform the duties of the chairperson. Should any of the office bearers be incapacitated or absent, the management board may appoint temporary office bearers. The temporary appointment will be specified in terms of both time and task. The appointment shall end at the end of the specified task or time and/or if the official office bearers become available again.
| 4.12 | Terms and conditions of service of representatives on the management board |
Representatives on the management board, excluding the chief executive officer, shall serve in a voluntary capacity and will accordingly receive no remuneration for their services other than market related reasonable travel reimbursement and, where applicable, accommodation.
| 4.13 | Removal from office |
Where it is alleged by the constituent organisation that nominated the member, or by Fasset itself, that a representative of the management board has failed to meet the performance or behavioural standards required of such an appointment, the chairperson, or the deputy chairperson in the absence of the chairperson, (or in the event that the allegation is directed at the chairperson, the management board) will convene an enquiry.
The chairperson, or the deputy chairperson in the absence of the chairperson, may invite any person who may assist in the enquiry to participate therein. The representative against whom the complaint is made may be assisted at the enquiry by one of the constituents of the discipline that he represents. The participation of legal practitioners in such internal procedures is specifically excluded.
Notwithstanding the above, the following acts or omissions by a representative will result in the immediate removal from office of such representative:
| 4.13.1.1 | failure by a representative to attend more than two consecutive meetings of the management board or EXCO, without good cause, as defined by the chairperson, or the deputy chairperson in the absence of the chairperson, of the management board; or |
| 4.13.1.2 | if the representative has at any time been guilty of conduct, which at common law, may result in a representative’s immediate removal from the management board. |
Any representative so removed from office may not stand for re-election to that office.
Enquiries as contemplated in clause 4.13 above will not be convened to address the matters stipulated in clauses 4.13.1.1 and 4.13.1.2. The chairperson, or the deputy chairperson in the absence of the chairperson, will convey his decision in writing to the representative and the constituents he represents and the constituents, in turn, will be required to elect / nominate a new representative within a period of 30 calendar days of receipt of such notification.
Where a voting member of the management board is removed from office, or is no longer able to fulfill his responsibilities for whatever reason, the relevant constituency will be responsible for nominating and appointing a replacement to serve out the remaining term of office, within a period of 30 calendar days from the date of such removal.
The chairperson or deputy chairperson may be removed from office according to the same conditions as described above. Should this occur, the members of the management board must within 30 calendar days, elect from the representatives currently on the management board a replacement chairperson or vice- chairperson, as the case may be, to act as the office bearers of Fasset.