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 Thirty-Three33. Taking Over Administration of Authority |
| 33.1 | Cognisance of the Amendment of Section 15 of Act No. 97 of 1998 must be taken: |
Section 15 of the principal Act as amended refers:
By the substitution for subsections (1) and (2) of the following subsections, respectively:
| 1) | The Minister may, after consultations with the National Skills Authority (by notice in the Gazette) and the SETA in question, direct the Director- General to appoint an administrator to take over administration of a SETA or to perform the functions of a SETA if (the Minister is of the opinion that) |
| a) | The SETA fails to perform its function; |
| b) | There is mismanagement of its finances (or) |
| c) | its membership no longer substantially represents the composition contemplated in section 11; |
| d) | The SETA has failed to comply with its service level agreement; or |
| e) | The SETA has failed to comply with an instruction issued by the Minister in terms of section 14A. |
| 2) | (In that notice the Minister) The Director-General must publish a notice in the Gazette appointing an administrator and in that notice the Director General - |
| a) | must determine the powers and duties of the administrator (appointed in terms of subsection (1)) which may include the performance by the administrator of the SETA’s functions in terms of the Public Finance Management Act. |
| b) | may suspend or replace one or more members of the SETA for a reason contemplated in subsection (l)(a), (b) or (c)) to (e); |
| c) | may suspend the operation of the Constitution of the SETA; and; |
| d) | may (in the prescribed manner) direct the transfer of all or some of the funds in the SETA’s bank account to the National Skills Fund; and |
| e) | by the addition of the following subsection; (4) "The Minister may act in terms of subsection (1) without consulting the National Skills Authority and the SETA in question if there is financial mismanagement of the SETA and he delay caused by the consultation would be detrimental to the SETA’S capacity to perform its functions." |
Organised Employers
|
Employees Organisations
|
Interest Groups
|
Government Departments
|
Association (ITA) |
union (CWU) |
Africa (CSSA) |
(DOC) |
Telecommunication Skills Development Forum (TSDF) |
United Association of South Africa (UASA) |
Black Information Technology Forum (BITF) |
Department of Trade and Industry (DTI)
|
Electronics Industry Federation (EIF) |
National Union of Metal workers of South Africa (NUMSA) |
South African Communications Forum (SACF) |
Department of Education (DOE) |
|
|
|
Department of Science and Technology (DST) |