Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of Wholesale and Retail Sector Education and Training Authority (W&R SETA)19. Meetings |
| 19.1 | Annual General Meetings |
| 19.1.1 | An annual general meeting of the W&R SETA shall be held each year within six (6) months of the end of the preceding financial year of the W&R SETA at the W&R SETA 's registered office or at such other place as shall be designated by the Board. This meeting shall be called by the Board and notice of the meeting shall be advertised in the press at a national level. The agenda and the matters that it shall deal with shall be determined by the Board. |
| 19.1.2 | General Consultative meetings between the Board and Stakeholder may be convened at any time by the Board or, if requested, by a Stakeholder. |
| 19.1.3 | The Annual General meetings and meetings with Stakeholders are consultative meetings at which no binding decisions will be taken on W&R SETA. The resolutions taken at such meetings will be adopted by the Board for them to have legal force and effect. |
| 19.1.4 | A quorum shall be constituted by 50% (fifty percent) of the representatives of Labour and 50% (fifty percent) the representations of Employer Organisations personally present or present through a duly authorised representative proxy at the commencement of and throughout the meeting. |
| 19.1.5 | A notice of the meeting on at least 14 days shall set out an agenda identifying in reasonable detail the matters to be discussed; unless otherwise agreed; |
| 19.1.6 | The chairperson shall have a casting vote. |
| 19.1.7 | If a quorum cannot be obtained within 1 (one) hour after the time appointed for the commencement of the holding of a general meeting, then such meeting shall stand adjourned until the same time and at the same place after the expiration of seven (7) days, provided that written notice is given to all Constituent Stakeholders that such meeting has been so adjourned. |
| 19.2 | Meetings of the Board and Committees |
| 19.2.1 | Save where otherwise stated or the context indicates the contrary the provisions of this Clause shall apply with the necessary changes apply to meetings held by the Board , the Executive Committee, any committee or chamber as the case may be. |
| 19.2.2 | The Board must meet at least four (4) times a year. |
| 19.2.3 | The Executive Committee, any Committee and the chambers shall meet as regularly as they are required to meet in accordance with the duties delegated by the Board. |
| 19.2.4 | The Chairperson with assistance of the CEO must give written notice of meetings together with the agenda to Board members on at least fourteen (14) days written notice unless the chairperson decides that there are good grounds for calling a meeting at short notice. |
| 19.2.5 | A meeting shall, notwithstanding the fact that it is called at short notice than that specified in Clause 19.2.4 above, be deemed to have been duly called if it is so agreed by 80% (eighty percent) of the Board members then present. |
| 19.2.6 | The CEO shall ensure that the Board secretariat takes and keeps minutes of all meetings and distributes such minutes to the members of the Board and the relevant Committees or chamber within seven (7) days calendar days of the date of the meeting. |
| 19.2.7 | The quorum necessary for the transaction of business shall be 50% (fifty percent) of both employers and employees representatives respectively. If after 1 (one) hour of the scheduled time for the meeting there is no quorum the meeting must be adjourned for a later date. If at the next meeting having given fourteen (14) calendar days notice of such meeting those present shall constitute a quorum provided 2 (two) employer representatives and two (2) employee representatives are present. |
| 19.2.8 | The decision of the majority of the voting Board members at a meeting will constitute the decision of the Board , the Executive Committee, any Committee, subcommittee or chamber as the case may be save in circumstances involving a decision to amend this constitution for which a two-third (2/3rd) majority of the voting members of the Board is required. |
| 19.2.9 | Notwithstanding Clause 19.2.8 a decision to amend any provision of the Constitution shall be preceded by at least fourteen (14) calendar days’ written notice to all members of the Board which notice shall contain all relevant details relating to the proposed amendment. Any proposed amendment to the Constitution must be approved by the Minister in terms of the relevant legislation. |
| 19.2.10 | Voting at a meeting for decisions to be made will take place by a show of hands of the voting members and each voting members shall have 1 (one) vote. In the event of an equality of votes, the Chairperson will have a second casting vote. |
| 19.2.11 | Voting for decisions to be made between meetings may be indicated in a written format. |
| 19.2.12 | A decision taken at a meeting cannot be rendered invalid due to vacancy. |