Skills Development Amendment Act

Link to law: http://www.gov.za/documents/skills-development-amendment-act-0
Published: 2008-12-01

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Skills Development Amendment Act 37 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 521 Cape Town 1 December 2008 No. 31666
THE PRESIDENCY No. 1292 1 December 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 37 of 2008: Skills Development Amendment Act, 2008.

ACT To amend the Skills Development Act, 1998, so as to define certain expressions; to broaden the purpose of the Act; to provide anew for the functions of the National Skills Authority; to provide anew for the composition of the National Skills Authority; to provide anew for the function of the SETAs, to provide for apprenticeships; to make further provision in respect of the implementation of employment services; to increase the quality and quantity of artisans; to repeal remaining sections of the current Manpower Training Act, 1981; to provide for Skills Development Institutes; to provide for the Quality Council for Trades and Occupations; to clarify the legal status of Productivity South Africa; to clarify the legal and governance status of the National Skills Fund; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999 and section 1 of Act 31 of 2003
1. Section 1 of the Skills Development Act, 1998 (hereinafter referred to as the principal Act), is hereby amended by—
(a) the insertion before the definition of "Basic Conditions of Employment Act'* of the following definitions:
" 'apprenticeship' means a learnership in respect of a listed trade, and includes a trade-test in respect of that trade; 'artisan' means a person that has been certified as competent to perform a listed trade in accordance with this Act;

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(b) the insertion after the definition of "Labour Court" of the following definitions:
" 'learner' includes an apprentice; iearnership' includes an apprenticeship; 'learning' means the acquisition of knowledge, understanding, values, skill, competence or experience; 'learning programme' includes a Iearnership, an apprenticeship, a skills programme and any other prescribed learning programme which includes a structured work experience component;";
(c) the insertion after the definition of "Minister" of the following definition: " 'National Qualifications Framework' means the National Qualifica­ tions Framework contemplated by the National Qualifications Frame­ work Act, 2008;";
(d) the insertion after the definition of "NEDLAC" of the following definitions: " 'occupational qualification' means a qualification associated with a trade, occupation or profession resulting from work-based learning and consisting of knowledge unit standards, practical unit standards and work experience unit standards; 'Occupational Qualifications Framework' means the sub-framework for occupational qualifications which forms an integral part of the National Qualifications Framework;";
(e) the insertion before the definition of "prescribed" of the following definitions:
" "placement" means placing an individual in a placement opportunity, with due regard to the Code of Good Practice on the Integration of Employment Equity in Human Resources Policies and Practices in terms of the Employment Equity Act, 1998 (Act No. 55 of 1998);". 'placement opportunity' means any opportunity for work or learning that could be offered to an individual and includes a vacancy for employment, an opportunity for self-employment, a learning programme and community service;";
(f) the insertion after the definition of "Public Finance Management Act" of the following definition:
" 'QCTO' means the Quality Council for Trades and Occupations established in terms of section 26G;";
(g) the insertion after the definition of "regulation" of the following definition: " 'repealed Act' means— (i) the Manpower Training Act, 1981 (Act No. 56 of 1981);
(ii) any law repealed by the Manpower Training Act, 1981, and any law repealed by such an Act; and
(iii) any law listed in Schedule 1 to the Integration of Labour Laws Act, 1994 (Act No. 49 of 1994), dealing with training or skills development;";
(h) the insertion after the definition of "skills development levies" of the following definition:
" 'skills development provider' means a provider of an occupational learning; and";
(i) the insertion after the definition of "this Act" of the following definition: " 'trade' means an occupation for which an artisan qualification is required in terms of section 26B;".

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
Amendment of section 2 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999
2. Section 2 of the principal Act is hereby amended by— (a) the substitution in subsection (1) for paragraphs (d) and (f) of the following
paragraphs: "(d) to encourage workers to participate in [learnership and other
training] learning programmes; (f) to ensure the quality of [education and training] learning in and
for the workplace;"; (b) the substitution for subsection (2) of the following subsection:
"(2) Those purposes are to be achieved [by] through— (a) [establishing] an institutional and financial framework compris­
ing— (i) the National Skills Authority;
(ii) the National Skills Fund; (iii) a skills development levy-financing scheme as contemplated
in the Skills Development Levies Act; (iv) SETAs; (v) [labour centres; and] provincial offices of the Department;
(vi) [the Skills Development Planning Unit;] labour centres of the Department;
(vii) accredited trade test centres; (viii) skills development institutes;
(ix) the Quality Council for Trades and Occupations; (x) a skills development forum for each province; (xi) a national artisan moderation body; and (xii) Productivity South Africa;
(b) encouraging partnerships between the public and private sectors of the economy to provide [education and training] learning in and for the workplace; and
(c) co-operating with the South African Qualifications Authority.".
Amendment of section 5 of Act 97 of 1998, as substituted by section 2 of Act 31 of 2003
3. Section 5 of the principal Act is hereby amended by— (a) the substitution for subsection (1) of the following subsection:
"(1) The functions of the National Skills Authority are— (a) to advise the Minister on—
(i) a national skills development policy; (ii) a national skills development strategy;
(iii) guidelines on the implementation of the national skills development strategy;
(iv) the strategic framework and criteria for allocation of [subsi­ dies] funds from the National Skills Fund; and
(v) any regulations to be made; (b) to liaise with SETAs on—
(i) the national skills development policy; (ii) the national skills development strategy; and
(iii) sector skills plans; (c) to report to the Minister [in the prescribed manner] on the
progress made in the implementation of the national skills development strategy;

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(d) to conduct investigations on any matter arising out of the application of this Act; [and]
(dA)to liaise with the QCTQ on occupational standards and qualifica­ tions; and
(e) to exercise any other powers and perform any other duties conferred or imposed on the Authority by this Act."; and
(b) the addition of the following subsection: "(4) Subsection (])(a)(\v) does not apply to regulations in respect of
which the Minister is required to consult with the QCTQ or Productivity South Africa.".
Amendment of section 6 of Act 97 of 1998, as substituted by section 3 of Act 31 of 2003
4. Section 6 of the principal Act is hereby amended by— (a) the substitution in subsection (1) for paragraph (b) of the following paragraph:
"(b) 24 voting and [five] six non-voting members appointed by the Minister";
(b) the substitution in subsection (2) for paragraph (e) of the following paragraph: "(e) four voting members appointed by the Minister to represent the
interests of education and [training] skills development pro­ viders;".
(c) the substitution in subsection (2) for paragraphs (f) and (g) of the following paragraphs:
"(f) two non-voting members, who have expertise in the provision of employment services, appointed by the Minister; [and]
(g) a non-voting member nominated by the South African Qualifica­ tions Authority and appointed by the Minister [to represent that Authority.};";
(d) the addition to subsection (2) of the following paragraph: "(h) a non-voting member nominated by the QCTQ and appointed by the
Minister."; (e) the substitution for subsection (3) of the following subsection:
"(3) The Minister must designate [four] five members as deputy chairpersons, one deputy chairperson each from the members to be appointed to represent— (a) organised labour; (b) organised business; (c) organisations of community and development interests; [and] (d) the interests of the State; and (e) education and skills development providers.";
(f) the substitution for subsection (4) of the following subsection: "(4) A member of the Authority holds office for a period of [three] five
years and is eligible for re-appointment on expiry of his or her term of office, but may not serve more than two consecutive terms of office."; and
(g) the substitution for subsection (7) of the following subsection: "(7) If the chairperson or a member of the Authority vacates office
before the expiry of the period of office, the Minister must, in terms of subsection \(a) or (2), respectively, appoint a new chairperson or member, as the case may be, for the unexpired portion of that period within 90 days.".
Amendment of section 10 of Act 97 of 1998
5. Section 10 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
"(1) A SETA must, in accordance with any requirements that may be prescribed—

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(a) develop a sector skills plan within the framework of the national skills development strategy;
(b) implement its sector skills plan by— (i) establishing [learnerships] learning programmes;
(ii) approving workplace skills plans and annual training reports; (iii) allocating grants in the prescribed manner and in accordance with any
prescribed standards and criteria to employers, education and [training] skills development providers and workers; and
(iv) monitoring education and [training] skills development provision in the sector;
(c) promote [learnerships] learning programmes by— (i) identifying workplaces for practical work experience;
(ii) supporting the development of learning materials; (iii) improving the facilitation of learning; and (iv) assisting in the conclusion of [learnership] agreements for learning
programmes, to the extent that it is required; (d) register [learnership] agreements for learning programmes, to the extent that
it is required; (e) [within a week from its establishment, apply to the South African
Qualifications Authority for accreditation as a body contemplated in section 5(l)(a)(ii)(bb) and must, within 18 months from the date of that application, be so accredited] perform any functions delegated to it by the QCTO in terms of section 261;
(f) when required to do so as contemplated in section 7(1) of the Skills Development Levies Act, collect the skills development levies, and must disburse the levies, allocated to it in terms of sections 8(3)(i?) and 9(b), in its sector;
(g) liaise with the National Skills Authority on— (i) the national skills development policy;
(ii) the national skills development strategy; and (iii) its sector skills plan;
(h) submit to the Director-General— (i) any budgets, reports and financial statements on its income and
expenditure that it is required to prepare in terms of the Public Finance Management Act; and
(ii) strategic plans and reports on the implementation of its [sector skills plan and] service level agreement;
(i) liaise with the [employment services] provincial offices and labour centres of the Department and any education body established under any law regulating education in the Republic to improve information— (i) about [employment] placement opportunities; and
(ii) between education and [training] skills development providers and the labour market;
(iA) liaise with the skills development forums established in each province in such manner and on such issues as may be prescribed;
(j) subject to section 14, appoint staff necessary for the performance of its functions;
(jA) promote the national standard established in terms of section 30B; [and] (jB) liaise with the QCTO regarding occupational qualifications; and (k) perform any other duties imposed by this Act or the Skills Development
Levies Act or consistent with the purposes of this Act.".

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
Substitution of section 16 of Act 97 of 1998
6. The following section is substituted for section 16 of the principal Act:
'Learnerships
16. A SETA may establish a Iearnership if— (a) the Iearnership [consists of] includes a structured learning component; (b) the Iearnership includes [practical] a structured work experience [of a
specified nature and duration] component; (c) the Iearnership would lead to a qualification registered by the South
African Qualifications Authority [and related to an] associated with a trade, occupation or profession; and
(d) the intended Iearnership is registered with the Director-General in the prescribed manner.".
Amendment of section 17 of Act 97 of 1998
7. Section 17 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
"(1) For the purposes of this Chapter, a 'Iearnership agreement' means an agreement entered into for a specified period between— (a) a learner; (b) an employer or a group of employers (in this section referred to as
'the employer'); and \ (c) a [training] skills development provider accredited by [a body
contemplated in section 5(l)(a)(\i)(bb) of the South African Qualifications Authority Act] the QCTQ or group of such [training] skills development providers;";
(b) by replacing the words "training provider" with "skills development ! provider", where they appear in subsections (2)(c) and (5);
(c) by the deletion in subsection (7) of the word "and" at the end of paragraph (a); (d) by the addition to subsection (7) of the following paragraphs:
"(c) prescribing the requirements for registering an agency contem­ plated in paragraph (a); and
(d) making it an offence to operate an agency contemplated in paragraph (a) except in accordance with such regulations.".
Substitution of heading to Chapter 6 of Act 97 of 1998
8. The following heading is hereby substituted for the heading to Chapter 6: INSTITUTIONS IN DEPARTMENT OF LABOUR AND [REGULATION
OF PRIVATE] EMPLOYMENT SERVICES [AGENCIES] .
Substitution of section 22 of Act 97 of 1998
9. The following section is hereby substituted for section 22 of the principal Act:
"[Skills Development Planning Unit] Administration of Act by Depart­ ment
22. (1) Subject to the laws governing the public service, the Director- General must[— (a) establish a Skills Development Planning Unit in the Department;
and] (b) provide the Unit with] ensure that the Department, including its
provincial offices and labour centres, has the personnel and financial resources necessary for the performance of its functions in terms of this Act.

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(2) The functions of the [Skills Development Planning Unit] Depart­ ment in terms of this Act are— (a) to research and analyse the labour market in order to determine skills
development needs for— (i) South Africa as a whole; (ii) each sector of the economy; and (iii) organs of state;
(b) to assist in the formulation of— (i) the national skills development strategy; and (ii) sector skills development plans; and
(c) to provide information on skills to— (i) the Minister; (ii) the National Skills Authority; (iii) SETAs; (iv) education and [training] skills development providers;[and] (v) organs of the state; (vi) the skills development forums in each province; (vii) the QCTO; and (viii) any other interested party; and
(d) to perform any other function assigned or delegated to the Department in terms of this Act.".
Amendment of section 23 of Act 97 of 1998
10, Section 23 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively:
"(1) [Subject to the laws governing the public service, the Director-General must— (a) establish labour centres in the Department; and (b) appoint such number of persons in the public service at each centre as is
necessary to perform the functions of that centre.] The functions of provincial offices of the Department in respect of employment services are— (a) to plan, coordinate, support, monitor and report on all activities
occurring at all labour centres; (b) to establish a skills development forum as prescribed; (c) to maintain a data-base of skills development providers within their
jurisdiction; and (d) to perform any other prescribed or delegated function.
(2) The functions of [those] the labour centres of the Department in respect of employment services are— (a) to provide [employment services for] information to workers, employers and
[training] skills development providers, including [improvement of such services to rural communities] the unemployed;
(b) to register work-seekers; (c) to register [vacancies and work] placement opportunities; (d) to assist workers and other prescribed categories of persons—
(i) to enter [special education and training] learning programmes; (ii) to find [employment] placement opportunities;
(iii) to start income-generating projects; and (iv) to participate in [special employment] placement programmes; [and]
(e) [to perform any other prescribed function related to the functions referred to in paragraph (a) to (d)] to develop plans, programmes and coherent strategies to extend services to rural communities; and

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(f) to perform any other prescribed function related to the functions referred to in paragraphs (a) to (e)."\
Insertion of sections 26A to 26M in Act 97 of 1998
11. The following sections are hereby inserted in the principal Act after section 26:
"CHAPTER 6A
ARTISAN DEVELOPMENT
National artisan moderation body
26A. (1) The Director-General must— (a) establish a national artisan moderation body in the Department; and (b) provide the body contemplated in paragraph (a) with the personnel
and financial resources that are necessary to coordinate artisan development in the Republic.
(2) The functions of the national artisan moderation body are to— (a) monitor the performance of accredited artisan trade test centres; (b) moderate artisan trade tests; (c) develop, maintain and apply a national data-bank of instruments for
assessment and moderation of artisan trade tests; (d) develop and maintain a national data-base of registered artisan trade
assessors and moderators; (e) record artisan achievements; (f) determine appeals against assessment decisions; (g) recommend the certification of artisans to the QCTO; and (h) perform any other prescribed function.
Listing of trades
26B. The Minister may, on application by one or more SETAs in the prescribed form, by notice in the Gazette— (a) list any occupation as a trade for which an artisan qualification is
required; (b) remove any trade from the list contemplated in subparagraph (a) if an
artisan qualification is no longer required for that trade.
National register of artisans
26C. (1) The Director-General must maintain a register of persons— (a) who have obtained an artisan qualification in terms of this Act or any
repealed Act; and (b) who are practicing that trade.
(2) (a) No person, whether employed or self-employed, may hold themselves out to be qualified as an artisan in a listed trade unless that person is registered as an artisan in terms of subsection (1).
(b) Paragraph (a) does not affect any requirement that any professional or regulatory body regulating any listed trade may require for the practice of that trade.
(3) For the purpose of this section, a person qualified to be an artisan in terms of any repealed Act includes any person who completed a contract of apprenticeship under a time-based apprenticeship system in terms of any conditions of apprenticeship published in terms of any repealed Act.
(4) The Minister may make regulations concerning—

Act No. 37,, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(a) the criteria and procedure for the name of any person to be included on, or removed from, the register of artisans;
(b) any other matter necessary for maintaining the register of artisans.
Trade tests
26D. (1) Subject to any regulation made in terms of subsection (5), no person may obtain an artisan qualification in terms of this Act unless they have successfully undergone a trade test administered by an accredited trade test centre.
(2) A person may apply to undergo a trade test in respect of a trade if— (a) that person has completed a learnership relevant to that trade; or (b) that person has satisfied the relevant requirements of an apprenticeship
in respect of that trade; or (c) an accredited trade test centre has certified that the person has acquired
sufficient prior learning related to that trade; and (d) that person has completed any other learning programme resulting in
an occupational or vocational qualification inclusive of prescribed work experience that entitles such person to undergo the relevant trade test.
(3) An accredited trade test centre may require any person who applies to undergo a trade test to undergo a preliminary evaluation to determine whether that person has sufficient experience and knowledge in respect of the trade in question to undergo the trade test.
(4) The QCTO must issue any person who successfully completed a trade test with a trade certificate in the prescribed form, stating that that person is qualified to perform the trade specified in the certificate.
(5) The Minister, after consulting the QCTO, may make regulations concerning— (a) the procedure for applying to undergo a trade test; (b) the criteria for determining whether a learner should be required to
undergo a preliminary trade test evaluation; (c) the payment of fees for undergoing a trade test; (d) the contents of a preliminary evaluation or trade test in respect of any
trade; (e) any matter related to conducting or moderating of trade tests; (f) the criteria for granting exemptions from all or some of the
requirements in respect of a trade test before being registered as an artisan;
(g) the form of certificate issued to artisans who successfully undergo a trade test;
(h) any other matter necessary for the conducting or moderating of trade tests.
CHAPTER 6B
SKILLS DEVELOPMENT INSTITUTES
Skills development institutes
26E. (1) The Minister may, by notice in the Gazette, establish skills development institutes in accordance with the prescribed requirements and may contribute the resources that are necessary for the effective perfor­ mance of their functions.
(2) A skills development institute may— (a) provide advisory services on skills development, mentoring and the
recognition of prior learning; (b) provide learning programmes; and

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(c) perform any other prescribed function necessary to promote skills development.
(3) The Minister may make regulations concerning— (a) the establishment, functions, operation, legal status, governance and
funding of skills development institutes; (b) any other matter that it is necessary or expedient to prescribe in order
to enable skills development institutes to perform their functions. (4) The Minister may make different regulations under subsection (2)
with respect to different skills development institutes.
CHAPTER 6C
QUALITY COUNCIL FOR TRADES AND OCCUPATIONS
Policy on occupational standards and qualifications
26F. (1) The Minister, after consulting the QCTQ, may by notice in the Gazette determine policy on— (a) an occupational qualifications sub-framework as an integral part of the
National Qualifications Framework; (b) the sub-framework for quality assurance for occupational qualifica­
tions; and (c) any other matter concerning occupational standards or occupational
qualifications.
Establishment of QCTO
26G. (1) The Quality Council for Trades and Occupations is hereby established as a juristic person.
(2) The QCTO must be managed in accordance with the Public Finance Management Act.
(3) The QCTO consists of 16 members appointed by the Minister in accordance with Schedule 3.
(4) The Minister must approve a constitution for the QCTO which, subject to this Act, complies with the requirements set out in Schedule 3.
(5) The Minister must appoint the executive officer of the QCTO. (6) The QCTO is financed from—
(a) money voted by Parliament for this purpose; (b) income earned from services rendered by it; (c) grants or donations made to it; and (d) money received from any other source.''
Functions of QCTO
26H. (1) The QCTO must advise the Minister on all matters of policy concerning occupational standards and qualifications.
(2) The QCTO must perform its functions in terms of this Act and the National Qualifications Framework Act, 2008.
(3) Subject to any policy issued by the Minister in terms of section 26F, the QCTO is responsible for— (a) establishing and maintaining occupational standards and qualifica­
tions; (b) the quality assurance of occupational standards and qualifications and
learning in and for the workplace; (c) designing and developing occupational standards and qualifications
and submitting them to the South African Qualifications Authority for registration on the National Qualifications Framework;
(d) ensuring the quality of occupational standards and qualifications and learning in and for the workplace;
(e) promoting the objectives of the National Qualifications Framework;

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(f) liaising with the National Skills Authority on the suitability and adequacy of occupational standards and qualifications and on the quality of learning in and for the workplace;
(g) liaising with the South African Qualifications Authority, other Quality Councils and professional bodies responsible for establishing stan­ dards and qualifications or the quality assurance of standards and qualifications; and
(h) performing any other prescribed function. (4) The QCTO has all such powers as are necessary to enable it to
perform its functions in terms of this section. (5) The Minister may issue written instructions, which are not
inconsistent with any policy made by the Minister in terms of section 26F, to the QCTO regarding the performance of its functions in terms of subsection (3).
(6) The QCTO must comply with— (a) any policy determined by the Minister in terms of section 26F; and (b) any written instruction issued by the Minister in terms of subsec­
tion (5).
Delegation of functions
261. (1) The QCTO may, in writing and subject to such conditions as it may determine, delegate any of its functions to— (a) the executive officer of the QCTO; (b) a committee of the QCTO; (c) the national artisan moderation body established in terms of section
26A; (d) a SETA; or (e) any other suitable body.
(2) A delegation under subsection (1)— (a) does not divest the QCTO of the function delegated and the QCTO
may at any time review, amend or set aside any decision made under the delegation;
(b) does not prevent the performance of the function by the QCTO itself; and
(c) may be revoked by the QCTO at any time.
Regulations regarding occupational standards and qualifications
26J. The Minister may, after consulting the QCTO, by notice in the Gazette make regulations regarding— (a) the setting of occupational standards and qualifications; (b) the recognition and registration of occupational curricula; (c) the accreditation of occupational skills development providers; (d) the approval of occupational learning programmes; (e) the registration of occupational assessors and moderators; (f) the certification for occupational standards and qualifications; (g) the accreditation of occupational assessment centres; (h) the approval of workplaces for occupational training and the
monitoring of workplaces for occupational training; (i) the provision of occupational foundational learning; (j) the provision of internships; (k) the appointment of occupational communities of expert practice; (I) the organising framework for occupations; (m) the recognition of prior learning in respect of occupational qualifica­
tions; and

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(n) any other matter concerning occupational standards and qualifications or which it is necessary or expedient to prescribe in order to enable the QCTO to perform its functions under this Act.
CHAPTER 6D
WORKPLACE PRODUCTIVITY AND COMPETITIVENESS
Establishment of Productivity South Africa
26K. (1) Productivity South Africa is hereby established as a juristic person.
(2) Productivity South Africa must be managed in accordance with the Public Finance Management Act.
(3) The Board of Productivity South Africa consists of seven members appointed by the Minister in accordance with Schedule 4.
(4) The Minister must approve a constitution for Productivity South Africa which, subject to this Act, complies with the requirements set out in Schedule 4.
Functions of Productivity South Africa
26L. The functions of Productivity South Africa are— (a) to promote a culture of productivity in workplaces; (b) to develop relevant productivity competencies; (c) to facilitate and evaluate productivity improvement and competitive­
ness in workplaces; (d) to measure and evaluating productivity in the workplace; (e) to maintain a data-base of productivity and competitiveness systems
and publicising these systems; (f) to undertake productivity-related research; (g) to support initiatives aimed at preventing job losses; and (h) to perform any other prescribed function.
Finances of Productivity South Africa
26M. Productivity South Africa is financed from— (a) money voted by Parliament for this purpose; (b) income earned from services rendered by it; (c) grants or donations made to it; and (d) money received from any other source.
Regulations regarding workplace productivity and competitiveness
26N. The Minister may, after consulting Productivity South Africa, by notice in the Gazette make regulations regarding any improvements in workplace productivity and competitiveness which it is necessary or expedient to prescribe in order to enable Productivity South Africa to perform its functions under this Act / ' .
Substitution of section 28 of Act 97 of 1998
12. The following section is substituted for section 28 of the principal Act:
"Use of money in Fund
28. (1) The money in the Fund may be used only for the projects identified in the national skills development strategy as national priorities or for such other projects related to the achievement of the purposes of this Act as the Director-General determines.

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
(2) [A maximum of two per cent of the] The money allocated to the Fund in terms of section %(3)(a) of the Skills Development Levies Act may be used to administer the Fund within a prescribed limit.".
Substitution of section 29 of Act 97 of 1998
13. The following section is substituted for section 29 of the principal Act:
"Control and administration of Fund
29. (1) The Director-General is the accounting [officer] authority of the Fund [in terms of the Exchequer Act, 1975 (Act 66 of 1975)] as contemplated by section 49(2)(b) of the Public Finance Management Act and must— (a) control the Fund; (b) keep a proper record of all financial transactions, assets and liabilities
of the Fund; [and] (c) [as soon as possible after the end of each financial year, ending on
the prescribed date,] prepare [accounts of the income and expenditure of the Fund for the year and a balance sheet of its assets and liabilities as at the end of that year] annual financial statements for the Fund in the prescribed form; and
(d) subject to the laws governing the public service, appoint the executive officer of the Fund who will, upon such appointment, be in the employ of the public service.
(1 A) The Fund must be managed in accordance with the Public Finance Management Act.
(2) Any money in the Fund not required for immediate use may be invested in accordance with [the Public Investment Commissioner or with a financial institution approved by the Minister] an investment policy approved by the Director-General that complies with the require­ ments of the Public Finance Management Act and may be withdrawn when required.
(3) Any unexpended balance in the Fund at the end of the financial year must be carried forward to the next financial year as a credit to the Fund.
(4) The [accounts and balance sheet] annual financial statements contemplated in subsection (\)(c) must be submitted by the Director- General to the National Skills Authority for information as soon as possible after they have been prepared.".
Amendment of section 36 of Act 97 of 1998
14. Section 36 of the principal Act is hereby amended by the insertion after paragraph (r) of the following paragraphs:
"(VA) any matter concerning the administration of apprenticeships or other qualifications in terms of any repealed Act, including, but not limited to, issuing duplicate certificates;
(rB) providing for the establishment of skills development forums in respect of each provincial office and specifying the operation, composition and functions of the forums;".

Act No. 37, 2008 SKILLS DEVELOPMENT AMENDMENT ACT, 2008
Amendment of section 37 of Act 97 of 1998
15. Section 37 is amended by the addition of the following subsection: "(3) Schedule 2 to the principal Act is hereby repealed, except for item
4A.".
Insertion of Schedules 2A, 3 and 4 in Act 97 of 1998
16. The following Schedule is hereby inserted in the principal Act after Schedule 2:
'SCHEDULE 2A
TRANSITIONAL PROVISIONS: SKILLS DEVELOPMENT AMENDMENT ACT, 2008
Definitions
1. In this Schedule— 'Amendment Act' means the Skills Development Amendment Act, 2008; 'ETQA' means an Education and Training Quality Assurance Body accredited in terms of section 5(lX