Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Information Systems (IT), Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT SETA)Chapter Thirteen13. Annual General Meeting |
| 13.1 | The Authority shall meet for its annual general meeting at least once in each year within not more than nine months after the end of each financial year of the Authority and within not more than 15 months after the date of the last preceding annual general meeting of the Authority. The time, date and place of such a meeting shall be determined by the chairperson in consultation with the Executive Committee; |
| 13.2 | The business of the Authority, when meeting as the annual general meeting of the Authority, shall include: |
| 13.2.1 | The consideration of the annual financial statements of the Authority, the annual report of the Authority's affairs and the report of the Auditor General; |
| 13.2.2 | The discussion of any matter referred to in or arising out of the financial statements or the reports; |
| 13.2.3 | The discussion of any matter of which notice shall have been given to the Chief Executive Officer at least 15 days before the date of the annual general meeting; |
| 13.2.4 | The transaction of such other business as is required to be transacted by the Authority under this Constitution or the Act; |
| 13.2.5 | The election of the office bearers of the Authority and of the members and office bearers of the standing committees and of the office bearers of the functional committees and the selection of the members thereof; |
| 13.3 | Other Meetings |
| 13.3.1 | In addition to the annual general meeting, the Authority shall meet at least once more in each financial year; |
| 13.3.2 | Other meetings of the Authority: |
| • | May be held at a time, date and venue and for the transaction of such business as may be determined by the Authority itself; |
| • | May be convened by the chairperson at a time, date and venue and for the transaction of such business as may be determined by the chairperson when, in the chairperson's opinion and after consultation with the Executive Committee, circumstances justify such a step. |
| 13.4 | Requisitioned Meetings |
| 13.4.1 | The chairperson shall, on the requisition of not less than one-third of the members of the Authority, within 14 days of the lodging of the requisition issue a notice to members of the Authority convening a meeting of the Authority for a date not less than 21 and not more than 35 days from the date of the notice: |
| • | The requisition shall state the objects of the meeting, which shall be to transact some business, which by this Constitution is required or permitted to be transacted by the Authority; |
| • | The requisition shall be signed by the requisitionists and lodged at the registered office of the Authority referred to in Chapter 4; |
| • | It may consist of several documents in like form, each signed by one or more requisitionists; |
| • | If the chairperson does not, within 14 days from the date of the lodging of the requisition, issue a notice as required, the requisitionists may, themselves, on 21 days' notice convene a meeting, stating the objects thereof, but no meeting so convened shall be held after the expiration of three months from the date upon which the requisition was lodged; |
| • | Any meeting convened by the requisitionists as set out above shall be convened in the same manner as nearly as possible as that in which meetings of the Authority are to be convened by the chairperson; |
| • | Any reasonable expenses incurred by the requisitionists by reason of the failure of the chairperson to convene a meeting shall be repaid to the requisitionists by the Authority. |
| 13.5 | Procedure of Meetings |
| 13.5.1 | The Authority shall regulate its meetings, as it deems fit. The quorum necessary for the transaction of business shall be 50% (fifty percent) plus one, of its members from time to time; |
| 13.5.2 | The Authority may act despite vacancies in its membership so long as a quorum is present; |
| 13.5.3 | Acts or decisions of the Authority will not be invalid only because of a defect or irregularity in the appointment of a member or the election of the chairperson or to the office holder or in choosing a member to chair a meeting; |
| 13.5.4 | If within half an hour after the time appointed for the meeting a quorum is not present, the meeting, if convened upon a requisition of members, shall be dissolved. In such an instance, the meeting shall stand adjourned to a day not earlier than 7 days and not later than 21 days after the date of the meeting at the same time and place. If no quorum were then present within half an hour after the time appointed for the meeting, the members present shall then form a quorum. |
| 13.5.5 | The chairperson of the Authority or such person as shall be acting in the place of the chairperson in terms hereof shall preside at all meetings of the Authority; |
| • | The person presiding at any meeting of the Authority shall ensure that: |
| • | Minutes of such meetings are kept and distributed to members of the Authority; |
| • | Minutes of the previous meeting are signed by the Chairperson; |
| • | Decisions and/or resolutions are properly captured in the minutes. |
| 13.6 | Voting |
| 13.6.1 | At all meetings of the Authority: |
| • | Each member of the Authority shall have one vote; |
| • | Proxy votes will not be allowed; |
| • | All questions shall be determined by a majority of votes. In the case of an equality of votes, whether on a show of hands or on a poll, the Presiding Officer of the meeting shall have a second or casting vote; |
| • | All questions shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by the Presiding Officer of the meeting or by three members personally present; |
| • | The demand for a poll may be withdrawn if: |
| o | The Presiding Office withdraws the demand; |
| o | One of the three members personally present withdraws the demand; |
| • | Unless a poll is so demanded, a declaration by the Presiding Officer at the meeting that a resolution has, on a show of hands, been carried or carried by a particular majority, or lost or not carried by a particular majority, and an entry to that effect in the book containing the minutes of the proceedings of the Authority shall be conclusive evidence of the fact, without proof of the number or proportion of the vote recorded in favour or against any such resolution; |
| • | If a poll is duly demanded, it shall be taken in such manner and either at once or after an interval or adjournment as the Presiding Officer at the meeting directs. The result of such poll shall be deemed to be the resolution of the Authority. Scrutinisers shall be elected to determine the result of the poll. |
| 13.7 | Notice of Meetings of the Authority |
| 13.7.1 | The annual general meeting of the Authority shall be called by not less than 21 days notice in writing. Any other general meeting or meeting of the Authority shall be called by not less than 14 days notice in writing. Notice of a general meeting, other than the annual general meeting, may be dispensed with if each of the members of the Authority so agrees; |
| 13.7.2 | The notice shall be exclusive of the day on which it is served or deemed to have been served and of the day for which it is given. It shall specify the place, the day, the hour and the business of the meeting and shall be given in the manner provided for in this Constitution to each member of the Authority; |
| 13.7.3 | A meeting of the Authority shall, notwithstanding the fact that it is called by shorter notice than that specified in this article, be deemed to have been duly called if it is so agreed by 90% of the members of the Authority; |
| 13.7.4 | Any notice required or permitted to be given to any member of the Authority under this Constitution shall be given in the manner and in accordance with the provisions of this clause; |
| 13.7.5 | A notice may be given by the Authority to any member either personally, by telefax or electronic mail or by sending it by post in a registered letter addressed to such member at the telefax, electronic mail or delivery address, as the case may be, supplied by him or her to the Authority at the time when he or she became a member of the Authority or at such other address within the Republic of South Africa as he or she may have notified the Authority in writing from time to time; |
| 13.7.6 | Any notice by post shall be deemed to have been served on the fifth day after the day when the letter containing it was posted; |
| 13.7.7 | Notice sent by telefax or by electronic mail shall be deemed to have been received on the next business day after transmission. In proving the giving of the notice by post, it shall be sufficient to prove that the letter containing the notice was properly addressed, registered and posted. In the case of telefax or electronic mail, it shall be sufficient to prove that the notice was transmitted to the correct address. |