Establishment of National Skills Authority- The National Skills Authority is hereby established. (Date of commencement: 2 February 1999.)
(4) Functions of National Skills Authority-
(1) The functions of the National Skills Authority are-
(a) To advise the Minister on-
- a National skills development policy;
- a National skills development strategy;
- Guidelines on the implementation of the national skills development strategy;
- The allocation of subsidies from the National Skills Fund; and
- Any regulations to be made;
(b) To liaise with SETAs on-
- The national skills development policy; and
- (The national skills development strategy);
(c) To report to the Minister in the prescribed manner on the progress made in the implementation of the national skills development strategy;
(d) To conduct investigations on any matter arising out of the application of this Act; and
(e) To exercise any other powers and perform any other duties conferred or imposed on the Authority by this Act.
(2) For the purposes of investigations referred to in subsection (1) (d), the Authority has the prescribed powers of entry and to question and inspect.
(3) The Authority must perform its functions in accordance with this Act and its constitution. (Date of commencement of s. 5: 2 February 1999.)
(5) Composition of National Skills Authority and term and vacation of office-
(1) The National Skills Authority consists of-
- a Voting chairperson appointed by the Minister;
- 24 Voting and three non-voting members appointed by the Minister; and
- Its non-voting executive officer appointed in terms of section 8 (2) (a).
(2) The members referred to in subsection (1) (b) are-
- Five voting members nominated by NEDLAC and appointed by the Minister to represent organised labour;
- Five voting members nominated by NEDLAC and appointed by the Minister to represent organised business;
- Five voting members nominated by NEDLAC and appointed by the Minister to represent organisations of community and development interests, which must include—
– a Woman who represents the interests of women;
– a Person who represents the interests of the youth; and
– a Disabled person who represents the interests of people with disabilities;
- Five voting members appointed by the Minister to represent the interests of the State;
- Four voting members appointed by the Minister to represent the interests of education and training providers;
- Two non-voting members, who have expertise in the provision of employment services, appointed by the Minister; and
- A non-voting member nominated by the South African Qualifications Authority and appointed by the Minister to represent that Authority.
(3) The Minister must designate four members as deputy chairpersons, one deputy chairperson each from the members to be appointed to represent-
- Organised labour;
- Organised business;
- Organisations of community and development interests; and
- The interests of the State.
(4) A member of the Authority holds office for a period of three years and is eligible for re-appointment.
(5) A member of the Authority vacates office if that member-
- Is removed from office by the Minister as contemplated in subsection (6); or
- Resigns by written notice addressed to the Minister.
(6) The Minister may remove a member of the Authority on the written request of the body that nominated that member in terms of subsection (2);
- For serious misconduct;
- For permanent incapacity;
- For absence from three consecutive meetings of the Authority
- Without the prior permission of the Authority; or
- Unless the member shows good cause; or
- For engaging in any activity that may undermine the functions of the Authority.
(7) If a member of the Authority vacates office before the expiry of the period of office, the Minister must, in terms of subsection (2), appoint a new member for the unexpired portion of that period. (Date of commencement of s. 6: 2 February 1999.)
(6) Constitution of National Skills Authority.
(1) The National Skills Authority must, as soon as possible after the appointment of its members, appointment its constitution.
(2) Subject to this Act, the constitution of the Authority must provide for-
- Procedures for the nominations of members of the Authority referred to in section 6 (2) (a), (b), (c) and (g);
- The establishment and functioning of committees, including an executive committee;
- Subject to subsection (3), the rules for convening and conducting of meetings of the Authority and its committees, including the quorum required for and the minutes to be kept of those meetings;
- The voting rights of the different members and the manner in which decisions are to be taken by the Authority and its committees;
- a Code of conduct for the members of the Authority;
- The determination through arbitration of any dispute concerning the interpretation or application of the constitution; and
- Subject to subsections (4) and (5), a procedure for amending the constitution and advising the Minister on regulations to be made; and may provide for, the delegation of powers and duties of the Authority to its members, committees and employees, provided that the Authority may impose conditions for the delegation, may not be divested of any power or duty by virtue of the delegation and may vary or set aside any decision made under any delegation; and
- Any other matter necessary for the performance of the functions of the Authority.
(3) At least 30 days’ notice must be given for a meeting of the Authority at which an amendment of the constitution or a regulation to be made is to be considered.
(4) A supporting vote of at least two thirds of the Authority’s members and the approval of the Minister is required for an amendment to its constitution.
(5) A supporting vote of at least two-thirds of the Authority’s members is required for advising the Minister on regulations to be made.
(6) Despite subsection (2) (a) (i), the Minister must determine the procedure for the nominations for the first appointment of members of the Authority referred to in section 6 (2) (a), (b), (c) and (g). (Date of commencement of s. 7: 2 February 1999.)
(7) Remuneration and administration of National Skills Authority.
(1) A member of the National Skills Authority who is not in the full-time employment of the State may be paid the remuneration and allowances determined by the Minister with the approval of the Minister of Finance.
(2) Subject to the laws governing the public service, the Director-General must–
- appoint a person to be the executive officer of the National Skills Authority who will, upon such appointment, be in the employ of the public service and provide the Authority with the personnel and financial resources that the Minister considers necessary for the performance of its functions.