Skills Development Amendment Act 26 of 2011
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Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 561 Cape Town 28 March 2012 No. 35191
THE PRESIDENCY
No.258 28 March 2012
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:-
No. 26 of 2011: Ski lis Development Amendment Act, 2011.
R.
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Act No. 26 of 2011 Skills Development Amendment Act, 20 II
GENERAL EXPLANATORY NOTE:
Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President) (Assented to 27 March 2012)
ACT To amend tbe Skills Development Act, 1998, so as to define certain words or expressions and to delete certain obsolete definitions; to amend provisions relating to the establishment, amalgamation and dissolution of SET As; to provide for tbe incorporation of a subsector of one SETA into another SETA; to provide for the composition of an Accounting Authority for each SETA; to ~;egulate the eligibility to become a member of an Accounting Authority; to provide for a constitution for every SETA; to regulate the conduct of a member of an Accounting Authority, or of a member of the staff, of a SETA when engaging in business with the SETA; to require members of Accounting Authorities to disclose any con1llct of interest with the relevant SETA; and to repeal or amend certain provisions which became obsolete as a result of the transfer of the administration of the said Act to the Minister of Higher Education and Training; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section I of Act 97 of 1998, as amended by section 23 of Act 9 of 1999, section 1 of Act 31 of 2003, section 1 of Act 37 of 2008 and section 4 of Act 26 of2010 · 5
1. Section 1 of the Skills Development Act, 1998 (hereinafter referred to as the principal Act), is hereby amended-
( a) by the insertion before the definition of "apprenticeship" of the following definition:
" 'Accounting Authority' means the Accounting Authority of a SETA 10 contemplated in section ll ;";
(b) by the insertion after the definition of "artisan" of the following definition: " 'Chairperson' means the Chai!I))erson of the Accounting Authority;";
(c) by the deletion of the definition "employment services"; (d) by the substitution for the definition of "National Qualifications Framework" 15
of the following definition:
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Act No. 26 of2011 Skills Development Amendment Act, 20 II
" 'National Qualifications Framework' means the National Qualifica- tions Framework contemplated by the [National Qualifications Frame- work Act, 2008] NQF Act;";
(e) by the insertion after the definition of "NEDLAC" of the following ~~~: 5
" 'NQF Act' means the National Qualifications Framework Act, 2008 (Act No. 67 of2008);";
(f) by the insertion after the definition of "Occupational Qualifications Frame- work" of the following definition:
" 'organised employers'- 10 (a) means any employers' organisation in the sector in question that is
registered in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other association of employers in that sector that represents the interests of its members as employers; and
(b) includes a State Department referred to in Schedule I to the Public 15 Service Act, 1994 (Proclamation No. 103 of 1994), as an employer in that sector;";
(g) by the insertion after the definition 6f "SETA" of the following definition: " 'SIC Code' means a code contained in the Standard Industrial Classification of all Economic Activities published by Statistics South 20 Africa;";
(h) by the substitution for the definition of "South African Qualifications Authority" of the following definition:
" 'South African Qualifications Authority' means the South African Qualifications Authority [established by section 3 of the South African 25 Qualifications Authority Act] referred to in section 10 of the NQF Act;"; and
(i) by the deletion of the definition of "South African Qualifications Authority Act".
Amendment of section 2 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999 30 and section 2 of Act 37 of 2008
2. Section 2 of the principal Act is hereby amended- ( a) by the deletion in subsection (1) of paragraphs (g) and (h); (b) by the deletion in subsection (2)(a) of subparagraphs (v) and (vi); and (c) by the insertion in subsection (2)(a) of the word "and" at the end of 35
subparagraph (x), the deletion in that subsection of the word "and" at the end of subparagraph (xi) and the deletion in that subsection of subparagraph (xii).
Amendment of section 3 of Act 97 of 1998
3. Section 3 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph: 40
"(b) the objects of the [South African Qualifications Authority Act] NQF Act." .
Amendment of section 5 of Act 97 of 1998, as amended by section 2 of Act 31 of 2003 and section 3 of Act 37 of 2008
4. Section 5 of the principal Act is hereby amended by the substitution for subsection (4) of the foiJowing subsection: 45
"(4) Subsection (l)(aJ(iv) does not apply to regulations in respect of which the Minister is required to consult with the QCTO [or Productivity South Africa].".
Amendment of section 9 of Act 97 1998, as amended by section 4 of Act 31 of 2004
5. Section 9 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: 50
"(1) ~The Minister may, [in the prescribed manner] by notice in the Gazette and for a period specified in the notice, establish a sector education and training authority with a constitution contemplated in section 13 for any national economic sector, having regard to any relevant SIC Code.
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(b) The Minister may in the manner contemplated in paragraph (a) re-establish the sector education and training authority contemplated in that paragraph when the period contemplated in that paragraph has lapsed.".
Amendment of section 9A of Act 'Y1 of 1998, as inserted by section 5 of Act 31 of 2005 5
6. Section 9A of the principal Act is hereby amended- ( a) by the substitution for subsection (2) of the following subsection:
"(2) The Minister must [approve] provide a constitution contem- plated in section 13 for the amalgamated SETA."; and
(b) by the addition of the following subsections: 10 "(9) Subject to sections 197 and 197A of the Labour Relations Act,
1995 (Act No. 6 o 1 ), the contracts o employment between e SETAs (herein referred to as 'the old employer') and its employees are automatically transferred to the amalgamated single SETA (herein referred to as 'the new employer') as from the date of the amalgamation 15 contemplated in subsection (1), but any redeployment of an employee as a consequence of the amalgamation or dissolution is subject to applicable labour legislation.
(10) If two or more SETAs are amalgamated into a single SETA in terms of subsection (1), all the rights and obligations between the old 20 employers and each employee at the time of the amalgamation continue in force as if they were rights and obligations between the new employer and each employee and anything done before the amalgamation by or in relation to the old employers must be regarded as having been done by or in relation to the new employer. 25
(11) An amalgamation contemplated in subsection (1) does not interrupt the employee's continuity of employment.
(12) The provisions of subsections (1) to (6) do not affect the liability of any person to be disciplined for, prosecuted for, convicted of and sentenced for any offence or misconduct. 30
(13) An employee is subject to the disciplinary codes and rules applicable to the new single amalgamated SETA as from the date of the amalgamation contemplated in subsection (1), but if any enquiry into incapacity or any proceedings in respect of a charge of misconduct had been instituted or commenced against any employee before the date of 35 the amalgamation, such enquiry or proceedings continue in terms of the codes and rules applicable to the relevant SETA immediately prior to the amalgamation.
(14) Notwithstanding subsection (13), until the new single SETA has made disciplinary codes or rules, the disciplinary codes and rules of the 40 respective old SETAs are applicable to employees.
(15) Notwithstanding subsection (1), the old employer may undertake rationalisation of its workforce according to operational requirements in accordance with section 189 of the Labour Relations Act, 1995 (Act No. 66 of 1995), prior to the date of the amalgamation contemplated in 45 subsection (l ). ".
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Insertion of section 9B in Act 97 of 1998
7. The following section is hereby inserted in the principal Act after section 9A:
"Incorporation of subsector into SETA
9B. (1) Subject to sections 197 and 197A of the Labour Relations Act, 19 5 (Act o. 6 o 1995), the Mmister may, a er consultanon with the 5 National Skills Authority and by notice in the Gazene, incorporate a SIC Code of one SETA into another SETA.
(2) The assets, liabilities, rights and obligations of the SETA in respect of a subsector relating to the SIC Code in question devolve upon the SETA into which the SIC Code has been incorporated- 10 (a) in a manner agreed to by the Accounting Authorities of the SETAs
concerned; or (b) if no agreement can be reached, in the manner determined by the
Minister.".
Amendment of section lOA of Act 97 of 1998, as inserted by section 7 of Act 31 of 15 2003
8. Section 1 OA of the principal Act is hereby amended by the deletion in subsection (I) of the word "and" at the end of paragraph (b), the insertion in that subsection of the word "and" at the end of paragraph (c) and the addition of the following paragraph:
"(d) any assistance that the SETA is to provide in terms of this Act to assist the 20 Minister in complying with his or her responsibility in accordance with the policy determined by the President of the Republic relating to service delivery and relating to the functions of the relevant SETA.".
Substitution of section 11 of Act 97 of 1998
9. The following section is hereby substituted for section 11 of the principal Act: 25
"Composition of Accounting Authority of SETA
·n. (1) (a) Sub·ect to para h (b), the Minister must appoint the Chauperson o the Accounting Authonty o a SETA a er consultatton with the National Skills Authority.
(b) The Minister must by notice in the Gazene invite nominations for the 30 position of Chairperson of an Accounting Authority from interested parties in the relevant sector.
(2) (a) Subject to paragraph (b) and section 13(2), the Minister must appoint 14 persons as members of the Accounting Authority of a SETA.
(b) The members referred to in paragraph (a) may not include more 35 than- (i) six persons who must be nominated by organised labour;
(ii) six persons who must be nominated by organised employers; and (iii) two persons who must be nominated by-
(aa) any government department that has an interest in the relevant 40 sector and that is not an organised employer;
(bb) any interested professional body; (cc) any bargaining council with jurisdiction in the sector in
question; or (dd) any organisation in a community that has an identifiable interest 45
in skills development in the sector in question. (3) (a) The members referred to in subsection (2) have full voting rights
and, subject to paragraph (b), the Chairperson has no voting rights. (b) In the case of an equality of votes, the chairperson has a casting vote.
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(4) In appointing the members of contemplated in subsection (2), the Minister must ensure, in so far as is practicably possible, that the membership of the Accounting Authority in question- (a) represents the interest identified in the national skills development
strategy contemplated in section 5(l )(a)(ii) ; 5 (b) taken as a whole, achieves-
(i) gender representation; (ii) demographic representation;
(iii) representation of disadvantaged persons or communities which have been prejudiced by past racial and gender 10 discrimination in relation to access to skills development programmes; and
(iv) a blend of knowledge, skills and experience required for the effective functioning of the SETA in question; and
(c) is drawn from the ranJcs of senior officials in the organisations in 15 question.
(5) The Minister must at least three months before the end of the period contemplated in section 9(1)(a) request the Chief Executive Officer of the relevant SETA contemplated in section 138 to invite nominations from organised labour, organised employ.ers, government departments, profes- 20 sional bodies, bargaining councils and organisations contemplated in subsection (2) and listed in the constitution of the relevant SETA.".
Insertion of sections llA and UB in Act 97 of 1998
10. The following sections are hereby inserted in the principal Act after section 11:
" Eligibility to become member of Accounting Authority
llA. A person does not qualify for ap ointment to an Accounting Au onty- (a) unless he or she is a citizen of and is permanently residing in the
Republic;
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(b) if he or she is subject to an order of a competent court declaring such 30 person to be mentally ill or disordered;
(c) if he or she is an employee of the SETA in question; (d) if he or she is convicted, after the commencement of the Skills
Development Amendment Act, 2011, whether in the Republic or elsewhere, of any offence for which such person is sentenced to 35 imprisonment without the option of a fine;
(e) if he or she, at any time prior to the commencement of the Skills Development Amendment Act, 2011, was convicted, or at any time after such commencement, is convicted-
(i) in the Republic, of theft, fraud , forgery and uttering a forged 40 document, perjury, or an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), or Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt 45 Activities Act, 2004 (Act No. 12 of 2004);
(ii) elsewhere, of any offence corresponding materially with any offence contemplated in subparagraph (i); and
(iii) whether in the Republic or elsewhere, of any other offence involving dishonesty; or 50
W if he or she has been convicted of an offence under this Act.
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Vacation of office by members of Accounting Authority
UB. (1) A member of the Accounting Authority vacates office if that member- (a) resigns by written notice, addressed to the Accounting Authority and
the Minister; 5 (b) no longer satisfies the eligibility requirements contemplated in section
l lA; or (c) is removed from office in the manner contemplated in the constitution
referred to in section 13(1).
Disclosure of conflict of interests 10
UC. (1) A person may not be appointed on an Accounting Authority, unless the necessary disclosure has been made that such person- ( a) directly or indirectly, whether personally or through his or her spouse,
partner or associate, has a direct or indirect financial interest in the SETA in question; or 15
(b) his or her spouse, partner or associate holds an office in or is employed by any SETA, organisation or other body, whether corporate or incorporate, which has a direct or indirect financial interest of the nature contemplated in paragraph (a).
(2) If at any stage during the oourse of any proceedings before the 20 · Accounting Authority it appears that any Accounting Authority member has or may have an interest which may cause such conflict of interest to arise on his or her part- ( a ) such Accounting Authority member must forthwith fully disclose the
nature of his or her interest and leave the meeting so as to enable the 25 remaining Accounting Authority members to discuss the matter and determine whether such Accounting Authority member is precluded from participating in such meeting by reason of a conflict of interest; and
(b) such disclosure, and the decision taken by the remaining Accounting 30 Authority members regarding such detennination, must be recorded in the minutes of the meeting in question.
(3) If any Accounting Authority member fails to disclose any interest as required by subsection (2) or, subject to the provisions of that subsection, if he or she is present at the venue where a meeting of the Accounting 35 Authority is held or in any manner whatsoever participates in the proceedings of the Accounting Authority, the relevant proceedings of the Accounting Authority shall be null and void. ".
Substitution of section 13 in Act 97 of 1998, as amended by section 8 of Act 31 of 2003 ~
11. The following section is hereby substituted for section 13 of the principal Act:
" Constitution of SETA
13. (1) The Minister must rovide a constitution for every SETA which, su ~ect to this Act, must be in line w t a stan ard constitution prescribed by the Minister. 45
(2) Subject to this Act, the standard constitution referred to in subsection (l) must at least contain the following matters: (a) The responsibilities of the Accounting Authority of the SETA; (b) The identification of the SETA by-
(i) name; 50 (ii) setting out its scope of coverage;
(iii) setting out its constituencies in the relevant sector; and (iv) setting out its legal status;
(c) The general objectives of the SETA and its objectives in respect of- (i) employers in the relevant sector; and 55
(ii) employees in the relevant sector;
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(d) The functions of the SETA; (e) The framework, procedure and process for the development of a
strategic plan for the SETA relating to this Act and in accordance with the Public Finance Management Act;
(f) The Accounting Authority of the SETA in respect of- 5 (i) its composition of members in accordance with the number of
members per constituency; (ii) its powers and duties, and delegation of functions;
(iii) its size; (iv) its capacity; 10 (v) the nomination and appointment of members;
(vi) consultation on proportional representation; (vii) alternates for members;
(viii) the term of office of members; (ix) the induction and capacilty building of members and alternates; 15 (x) the first meeting at eacb new term of office of members;
(xi) the suspension of members; (xii) the removal of members from office;
(xiii) the filling of vacancies iin the Accounting Authority; and (xiv) the application to the Accounting Authority for listing as new 20
organisations; (g) The establishment of-
(i) an Executive Committee, including its composition, term of office and functions;
(ii) an Audit Committee, including its composition, accountability 25 and functions;
(iii) a Finance Committee, including its composition, accountabil- ity and functions;
(iv) a Remuneration Committee, including its composition, ac- countability and functions; and 30
(v) a Governance and Strategy Comminee, including its compo- sition, accountability and functions;
(h) The Chairperson of the Accounting Authority regarding his or her- (i) appointment;
(ii) term of office; 35 (iii) functions; (iv) temporary absence or incapacity; and (v) vacation of office;
(i) Meetings, special meetings and meeting procedures of the Accounting Authority, Executive Committee, chambers and other committees; 40
UJ The appointment of the Chief Executive Officer and other employees and the duties of the Chief Executive Officer;
(k) The finances of the SETA, in respect of- (i) sources of finance;
(ii) investments; 45 (iii) purposes for which funds may be used; (iv) financial records of the SETA; (v) the audit of the SETA;
(vi) the financial responsibility of the Executive Committee of the SETA; and 50
(vii) signatories to accounts; (I) A code of conduct for the SETA; (m) A dispute resolution system; (n) The indemnification of members of the Accounting Authority of the
SETA, members of committees and employees of the Accounting 55 Authority;
(o) The amalgamation with other SET As and the dissolution of the SETA; (p) The taking over of the administration of the SETA; and (q) The amendment of the constitution of the SETA.
(3) A SETA may apply to the Minister in writing for a deviation from the 60 standard constitution referred to in subsection (1).
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( 4) The application contemplated in subsection (3) must set out the extent of the deviation requested and m ust be accompanied by a detailed motivation to justify the requested deviation.
(5) The Minister may approve the deviation contemplated in subsection (3) if the deviation- 5 (a) is unique to the functions and operation of the SETA in question; (b) is justified within the framework of the national skills development
strategy; and (c) is recommended by the National Skills Authority as a deviation
required by the operational needs of the SETA in question.". 10
Insertion of sections 13A and 13B in Act 97 of 1998
12. The following sections are hereby inserted in the principal Act after section 13:
"Conduct of Accounting Authority member or staff member
13A. (1) Any member of an Accountin Authority, or any member of the sta 'A- 15 (a) must, before he or she assumes office, declare any business,
commercial or financial activities undertaken for financial gain that may raise a possible conflict of interest with the SETA in question ;
(ii) may not conduct business, directly or indirectly, with the 20 SETA which constitutes a conflict of interest with the SETA;
(b) (i) may not have a conflict of interest with the SETA in question; (ii) may not have a direct or indirect fin ancial, personal or other
interest in any matter to. be discussed at a meeting and which entails or may entail a conflict or possible conflict of interest 25 with the SETA in question;
(iii) must, before the meeting and in writing, infonn the chairper- son of that meeting of that conflict or possible conflict of interest.
(2) The business referred to in subsection (!)(a) relates to conduct that is 30 aimed at receiving any direct or indirect financial personal gain that does not fonn part of the employment relationship.
(3) (a) Any person may, in writing, infonn the chairperson of a meeting, before the meeting, of a conflict or possible conflict of interest of a member contemplated in subsection (1 ) with the SETA in question of which such 35 person may be aware.
(b) A member referred to in paragraph (a) is obliged to recuse himself or herself from the meeting during the discussion of the matter and the voting thereon.
(4) A committee or chamber of the Accounting Authority with 40 delegated functions in tenns of this Act may not take a decision on a matter considered by it if any member has a conflict of interest contemplated in this section.
(5) A member of the Accounting A uthority, or a member of a committee or chamber of the Accounting Authority contemplated in subsection (4), 45 who contravenes section l l C(2) and (3) or this section may, after the Accounting Authority has followed a due process, b~ (a) suspended from attending a meeting; or (b) disqualified as a member of the Accounting Authority or a member of
a committee or chamber of the Accounting Authority, as the case may 50 be.
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Act No. 26 of2011 Skills Development Amendment Act, 20 II
Appointment of Chief Executive Officer
l3B. (l) The members of an Accounting Authority must within six months of their apJX>intment, after following a transparent process, submit a Jist of names of three persons who have experience in accounting, financial and senior management matters to the Minister. 5
(2) The Minister must appoint one of the persons contemplated in subsection (1) as Chief Executive Officer of the SETA in question.
(3) The Chief Executive Officer must be appointed for a term of office that corresponds with the terms of office of the members of the Accounting Authority concerned, but may stay in office for a period of six months if the 10 SETA in question has been re-established in terms of section 9(I)(b).
(4) The Minister must, after consultation with the National Skills Authority, make regulations regarding- ( a) the process that an Accounting Authority must follow for the purposes
of subsection (1), including regarding- 15 (i) the advertising of the post;
(ii) the criteria and method of recruitment; and (iii) the shortlisting and selection;
(b) the salary level of the Chief Executive Officer; and (c) the criteria and process to enable an Accounting Authority to 20
determine other conditions of service of the Chief Executive Officer. (5) The Minister may make regulations regarding the performance by a
Chief Executive Officer of his or her functions in terms of this Act in order to ensure that the SETA performs its functions contemplated in section IOA(l)(a) effectively.". 25
Amendment of section 20 of Act 97 of 1998, as amended by section 14 of Act 31 of 2003
13. Section 20 of the principal Act is hereby amended by the substitution in subsection ( I) for paragraph (b) of the following paragraph:
"(b) when completed, will constitute a credit towards a qualification registered in 30 terms of the National Qualifications Framework [as defined in section 1 of the South African Qualifications Authority Act) contemplated in Chapter 2 of the NQF Act;" .
Substitution of heading to Chapter 6 ~fAct 97 of 1998, as substituted by section 8 of Act 37 of 2008 35
14. The following heading is hereby substituted for the heading to Chapter 6 in the principal Act:
"Administration Act".
Amendment of section 22 of Act 97 of 1998, as substituted by section 9 of Act 37 of 2008 40
15. Section 22 of the principal Act is hereby amended by the deletion of subsection (1 ).
Substitution of section 23 of Act 97 of 1998
16. The following section is hereby substituted for section 23 of the principal Act:
"Functions of provincial omces 45
23. The functions of the rovincial offices of the Department in respect of this Act are- (a) to establish a skills development forum as prescribed; (b) to maintain a data-base of skills development providers within their
jurisdiction; and 50 (c) to perform any other prescribed or delegated function .".
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Repeal of section 24 of Act 97 of 1998
17. Section 24 of the principal Act is hereby repealed.
Repeal of section 25 of Act 97 of 1998
18. Section 25 of the principal Act is hereby repealed.
Repeal of section 26 of Act 97 of 1998
19. Section 26 of the principal Act is hereby repealed.
Amendment of section 26H of Act 97 of 1998, as inserted by section 11 of Act 37 of 2008
20. Section 26H of the principal Act is hereby amended by the substitution for
5
subsection (2) of the following subsection: 10 "(2) The QCTO must perform its functions in terms of this Act and the
[National Qualifications Framework Act, 2008] NQF Act." .
Repeal of section 26K of Act 97 of 1998
21. Section 26K of the principal Act is hereby repealed.
Repeal of section 26L of Act 97 of 1998
22. Section 26L of the principal Act is hereby repealed.
Repeal of section 26M of Act 97 of 1998
23. Section 26M of the principal Act is hereby repealed.
Repeal of section 26N of Act 97 of 1998
24. Section 26N of the principal Act is hereby repealed.
Amendment of section 32 of Act 97 of 1998, as substituted by section 22 of Act 31 of2003
25. Section 32 of the principal Act is hereby amended by the deletion of subsection (2).
15
20
Amendment of section 36 of Act 97 of 1998, as substituted by section 24 of Act 31 25 of 2004 and amended by section 14 of Act 37 of 2008
26. Section 36 of the principal Act is hereby amended by the deletion of paragraphs (o), (p) and (q).
Amendment of Schedule 2A to Act 97 of 1998
27. Schedule 2A to the principal Act is hereby amended- 30 (a ) by the substitution in item 1 for the definition of " ETQA" of the following
definition: " 'ETQA' means an Education and Training Quality Assurance Body accredited in terms of section 5(l)(a)(ii) of the South African Qualifica- tions Authority Act, 1995 (Act No. 58 of 1995), responsible for 35 monitoring and auditing achievements in terms of national standards or qualifications, and to which specific functions relating to the monitoring and auditing of national standards or qualifications have been assigned in terms of section 5(1)(b)(i) of that Act;"; and
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(b) by the substitution in item 6(1) for paragraphs (b) and (c) of the following paragraphs, respectively:
"(b) continue to perlorm all ETQA functions prescribed by the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); and 5
(c) have any matter concerning the performance of ETQA functions by a SETA dealt with in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995).".
Repeal of Schedule 4 to Act 97 of 1998
28. Schedule 4 to the principal Act is hereby repealed.
Amendment of long title of Act 97 of 1998, as amended by section 23 of Act 9 of 1999
29. The long title of the principal Act is hereby amended by the substitution for the expression "South African Qualifications Authority Act, 1995" of the expression "National Qualifications Framework Act, 2008" .
Transitional provisions
30. ( 1) Any person appointed as a member of the Accounting Authority of a SETA in accordance with its constitution, remains so appointed if-
( a) that constitution was approved by the Minister and the constitution was effective immediately before section 12 of this Act takes effect; and
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(b) the number of members according to the respective categories of membership 20 are consistent with section 11 of the principal Act, as amended by this Act.
(2) The members contemplated in subsection (1) must be regarded as having been appointed in terms of section 11 of the principal Act, as amended by this Act.
(3) If the constitution of a SETA was effective immediately before section 12 of this Act takes effect, and if the constitution is not in line with the standard constitution 25 referred to in section 13(1) of the principal Act, as amended by this Act, the Minister must consider a deviation from the standard constitution in terms of section 13(3) of the principal Act, as amended by this Act
(4) If the Minister- ( a) approves a deviation in terms of the said section 13(3), the Minister must 30
inform the SETA in question accordingly in wri ting; or (b) cannot approve a deviation in terms of the said section 13(3), the Minister
must provide the SETA in question with a constitution in line with the standard constitution contemplated in section 13(1) of the principal Act, as amended by this Act. 35
(5) The Minister must notify the SETA in question in writing of his or her direction in terms of subsection (4)(b), and must instruct the SETA to invite nominations from the categories of roleplayers referred to in section 11 of the principal Act, as amended by this Act, within the timeframes set by the Minister in the notice. ·
(6) The Minister must provide the constitution of the SETA contemplated in 40 subsection (4) in terms of section 13(1) of the principal Act, as amended by this Act, within six months of the date of the notice referred to in subsection (4).
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Act No. 26 of2011 Skills Development Amendment Act, 20ll
Short title and commencement
31. (1) This Act is called the Skills Development Amendment Act, 20ll, and takes effect on a date determined by the Minister by notice in the Gazene.
(2) Different dates may be determined under subsection (I) in respect of different provisions of this Acl 5
(3) Notwithstanding subsection (1), the Minister may not determine a date on which sections I (c), 2, 4, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26 and 28 take effect, unless the Minister of Labour has approved such determination.