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Labour Legislation Index


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Regulations regarding the establishment of sector education and training authorities

REGULATIONS REGARDING THE ESTABLISHMENT OF SECTOR EDUCATION AND TRAINING AUTHORITIES

(4 February 2005 – to date)

SKILLS DEVELOPMENT ACT 97 OF 1998

Government Notice 1400 in Government Gazette 19420, dated 2 November 1998. Commencement date: 2 February 1999, unless otherwise indicated

Government Notice R1082 in Government Gazette 20442, dated 7 September 1999. Commencement date: 7 September 1999.

as amended by:

Government Notice R106 in Government Gazette 27254, dated 4 February 2005. Commencement date: 4 February 2005.

I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, after consultation with the National Skills Authority, hereby, in terms of section 36 read with section 9(1) of the Skills Development Act, 1998 (Act No. 97 of 1998) make regulations in the Schedule.

M M S MDLADLANA

MINISTER OF LABOUR

SCHEDULE

1.         Definitions

2.         Application for establishment as SETA

3.         Establishment of SETA

4.         Renewal of certificate of establishment

1.       Definitions

In these regulations any word or expression to which a meaning has been assigned in the Skills Development Act (Act No. 97 of 1998) shall have such a meaning unless the context otherwise indicates, and "the Act" means the Skills Development Act (Act No. 97 of 1998).

2.       Application for establishment as SETA

(1)      Any body, which consists of the members contemplated in section 11 of the Act, may apply to the Minister to be established in terms of section 9(1) of the Act as a SETA.

(2)      An application in terms of subregulation (1) must include -

(a)      the name of the proposed SETA, the physical address of its main office and contact particulars of the persons submitting the application on behalf of the body in question;

(b)      the scope of coverage of the proposed SETA according to the list of national economic sectors as determined by the Minister in terms of section 9(2) of the Act;

(c)      the constitution of the proposed SETA which specifies the matters referred to in section 13(3)(a)(i) to (xii) of the Act;

(d)      a business plan of the proposed SETA for the period 1 April 2000 to 31 March 2001, which outlines -

(i)       an organisational structure;

(ii)      a quality management system;

(iii)     functions of the proposed SETA envisaged to be delegated as contemplated in section 13(3)(b)(i) of the Act;

(iv)     programmes and other activities that the proposed SETA aims to undertake to perform the functions contemplated in section 10 of the Act;

(v)      proposed interaction of the SETA with all provinces;

(vi)     financial projection of the proposed SETA; and,

(e)      description of the consultation which was undertaken with regard to the establishment of the body as a SETA, indicating -

(i)       the nature of all consultative processes;

(ii)      a list of stakeholders that were consulted; and

(iii)     the consensus reached in the consultation.

(3)      An application in terms of subregulation (1) must be submitted before 12:00 noon on 12 November 1999 or such other time as the Minister may determine from time to time, by -

(a)      sending it per registered mail to:

The Executive Officer

National Skills Authority

Department of Labour

Private Bag X117

PRETORIA 0001

or

(b)      delivering it at:

Department of Labour

Room 411(M)

4TH Floor, Laboria House

215 Schoeman Street

PRETORIA

(

(4)

(a)      If an application to establish a SETA does not comply with subregulation (2), the Minister may refer the application back to the applicant for rectification and indicate in which respects the application does not so comply.

(b)      Upon rectification of the application the applicant may resubmit the rectified application to the Minister.

3.       Establishment of SETA

(1)      The Minister may direct the Director General to invite by notice in the Gazette interested parties to comment on an application made in terms of regulation 2 within 30 days from the date of publication of the notice.

(2)      After consultation with the National Skills Authority and considering every comment received pursuant to a notice published in terms of subregulation (1), the Minister may establish a SETA for the national economic sector or sectors applied for by issuing a certificate of establishment as a SETA.

(3)      Subject to subregulation (4) and regulation 4, a certificate of establishment as a SETA is valid for a period of 60 months from the date on which it was issued.

(Regulation 3(3) substituted by regulation 2(a) of GNR 106 of 2005)

(4)      The Minister may, after consultation with the National Skills Authority and by notice in the Gazette, extend the period of 60 months referred to in subregulation (3).

(Regulation 3(4) added by regulation 2(b) of GNR 106 of 2005)

(5)      The provisions of the Public Finance Management Act apply to the period of extension contemplated in subregulation (4).

(Regulation 3(5) added by regulation 2(b) of GNR 106 of 2005)

 

4.       Renewal of certificate of establishment

(1)      A SETA may apply to Minister for a renewal of its certificate of establishment as a SETA at least 12 months before the expiry date of the certificate of establishment.

(2)      If the Minister is of the opinion that a SETA applying for a renewal of its certificate of establishment is not complying or is unable to comply with any provisions of the Act or these regulations, the Minister may extend the period of 60 months by such additional period as he or she considers necessary to enable the SETA to comply with the relevant requirements in full.

(3)      If the Minister extends the period of 60 months in terms of subregulation (2), the relevant SETA must submit again an application for renewal at least 12 months, or such shorter period as the Minister may determine, before the expiry of the period so extended

(4)      Regulations 2 and 3 apply with changes required by context to an application for renewal.

  • Gazetted: Commencement date: 4 February 2005
  • Gazette Number: Government Notice R106 in Government Gazette 27254, dated 4 February 2005
Gary Watkins

Gary Watkins

Managing Director

BA LLB

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T: +27 12 669 3289

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