Author Topic: Skills Development Act of South Africa  (Read 1148 times)

Offline ETQA Administrator

  • Administrator
  • Hero Member
  • *****
  • Karma: +1/-0
    • View Profile
Skills Development Act of South Africa
« on: May 23, 2016, 11:51:17 AM »
Skills Development Act

-Published 1998 for Implementation of 1999
-Amendment - Skills Development Act - 2003
-Proposed Amendments to SETA's June 2006
-Published 3 December 2012 - Came into effect 1 April 2013.
-BUSA court case against DHET declared the previous "3 December 2012" Skills Amendment invalid. 21 August 2015.
-DHET lodged immediately an appeal against the outcome of the court case that was overturned on 1st April 2016.
-Update: May 2016: Department of HET (DHET) has re-promulgated Regulation 4(4) which keeps the Mandatory grant at 20% and also appealed Regulation 3(12) on the sweeping of Surpluses to the NSF.

"Promulgation is the formal proclamation or declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect."

No other updates was received to date.


Education Training Questions and Answers Forum
www.etqa.co.za

Division of www.skillsjobs.co.za

Offline ETQA Administrator

  • Administrator
  • Hero Member
  • *****
  • Karma: +1/-0
    • View Profile
Re: Skills Development Act of South Africa
« Reply #1 on: May 23, 2016, 11:51:42 AM »
Vision

This Act was promulgated by government in 1998, in the midst of high levels of unemployment, low levels of investment in the South African labour market, pronounced disparities in income distribution, inequality of opportunity as a result of apartheid and poverty. (Brendan and Down, 2000). Through this Act, the government aimed to address two main priorities, i.e. the need to improve skills and increase productivity in order to compete successfully in the global economy, and the need to reverse apartheid imbalances and to create a more inclusive and cohesive society (Mpilo Mthethwa , 2014).

Purposes of the Skills Development Act

In line with the overall government objectives set out above, the purposes of the Act are as follows (Sec. 2(1)):

to develop the skills of the South African workforce - to improve the quality of life of workers, their prospects of work and labour mobility; to improve productivity in the workplace and the competitiveness of employers; to promote self-employment; and to improve the delivery of social services;
to increase the levels of investment in education and training in the labour market and to increase the return on that investment;
to encourage employers - to use the workplace as an active learning environment; to provide employees with the opportunities to acquire new skills; to provide opportunities for new entrants to the labour market to gain work experience; to employ persons who find it difficult to be employed;
to encourage workers to participate in learning programmes;
to improve the employment prospects of persons previously disadvantaged by unfair discrimination and to redress those disadvantages through training and education;
to ensure the quality of learning in and for the workplace;
to assist - work-seekers to find work; retrenched workers to re-enter the labour market; employers to find qualified employees;
to provide and regulate employment services.
The Republic of South Africa defines skills development as the following:

To provide an institutional framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African work force; to integrate those strategies within the National Qualifications Framework contemplated in the South African Qualifications Authority Act, 1995; to provide for: learnerships that lead to recognised occupational qualifications; to provide financing of skills development by means of a levy-grant scheme and a National Skills Fund; to provide for and regulate employment services; and to provide for matters connected therewith.

Source:

https://en.wikipedia.org/wiki/Skills_Development_Act,_1998
Education Training Questions and Answers Forum
www.etqa.co.za

Division of www.skillsjobs.co.za

Offline ETQA Administrator

  • Administrator
  • Hero Member
  • *****
  • Karma: +1/-0
    • View Profile
Re: Skills Development Act of South Africa
« Reply #2 on: May 23, 2016, 11:53:08 AM »
Skills Act - update 21st August 2015

Seta grant regulations declared invalid

On 3 December 2012, the SETA Grant Regulations were gazetted (Government Gazette no. 35940). These come into effect on 1 April 2013. There were many major substantial changes in the new regulations and these may have serious implications for skills development in our country.

Some of the main changes were:

That the mandatory grant to employers is reduced from 50% to 20%.
Any unclaimed mandatory grants must be transferred by the 15 August each financial year into the discretionary fund.
Discretionary grants will mainly be paid for programmes offered by public FET colleges and universities.
As a result‚ these funds could be spent on national skills initiatives that were not related to workplace training.

Labour Court has set aside certain aspects of the 2012 Seta Grant Regulations‚ declaring them invalid!

The Labour Court’s judgment on Friday 21st of August 2015 declared both regulations to be invalid‚ and it set them aside with effect from March 31 2016.

The court found that Mr Nzimande had failed to consult the National Skills Authority as required by law.

The court also ruled that the minister had acted irrationally by reducing the mandatory grant to employers as set out in the Skills Development Act. The minister had exceeded his powers by prescribing that surplus Seta funds be moved to the National Skills Fund.

The minister was ordered to pay all costs of the application, and Seta's now have a period of about six months to prepare for the return to the previous skills-funding regime effective in March 2016.

Busa said on Monday it viewed the judgment as a significant decision that reinforced the rule of law and that reasserted the importance of workplace skills training programmes in SA.
Education Training Questions and Answers Forum
www.etqa.co.za

Division of www.skillsjobs.co.za

Offline ETQA Administrator

  • Administrator
  • Hero Member
  • *****
  • Karma: +1/-0
    • View Profile
Re: Skills Development Act of South Africa
« Reply #3 on: May 23, 2016, 11:53:34 AM »
SETA GRANT REGULATIONS: LABOUR COURT JUDGEMENT EFFECTIVE FROM 1 APRIL 2016

1. Judgement was handed down by the Labour Court in August 2015 in the litigation brought by BUSA to challenge aspects of the 2012 SETA grant regulations.
2. The Court declared Regulations 3(11) and 4(4) of the 2012 Grant Regulations to be invalid, and it set them aside. However, it suspended the effect of that order until 31 March 2016.
3. The Minister initially took steps to appeal against the Labour Court judgement and order. But the appeal was not pursued, and it has lapsed.
4. This means that the Labour Court order can now be enforced. The order has been effective since 1 April 2016.
5. This means that:
5.1 With effect from 1 April 2016 the mandatory grant that may be claimed is again 50% (and not 20%, as provided by the invalid Regulation 4(4) of the 2012 Regulations); and
5.2 The sweeping mechanism introduced by the invalid Regulation 3(11) of the 2012 Regulations is no longer in place.
Education Training Questions and Answers Forum
www.etqa.co.za

Division of www.skillsjobs.co.za

Offline ETQA Administrator

  • Administrator
  • Hero Member
  • *****
  • Karma: +1/-0
    • View Profile
Re: Skills Development Act of South Africa
« Reply #4 on: June 27, 2016, 02:35:46 PM »
Skills Development Amended Act in South Africa

IMPLEMENTATION & AMENDMENTS - Update 2016

-Signed in: ACT NO. 97 - 20 October 1998 [Date of commencement of s. 1: 2 February, 1999]
-Skills Development Amendment Act 31 of 2003 [with effect from 14 November 2003]
-Skills Development Amendment Act 37 of 2008 [with effect from 6 April 2009]
-Skills Development Amendment Published 3 December 2012 - Came into effect 1 April 2013
    -BUSA (Business Unity South Africa) won Labour Court’s judgment on Friday 21st of August 2015 declared both regulations to be invalid‚ and it set them aside with effect from March 31 2016.
    -The Court declared Regulations 3(11) and 4(4) of the 2012 Grant Regulations to be invalid, and it set them aside. However, it suspended the effect of that order until 31 March 2016.
    -The Minister of DHET appealed against this that was not pursued, and on 15 April 2016 it has lapsed with an effective of 1 April 2016. (Cancelling the previous amendment of 2012)

PURPOSE

In line with the overall government objectives set out above, the purposes of the Act are as follows (Sec. 2(1)):

    -to develop the skills of the South African workforce - to improve the quality of life of workers, their prospects of work and labour mobility; to improve productivity in the workplace and the competitiveness of employers; to promote self-employment; and to improve the delivery of social services;
    -to increase the levels of investment in education and training in the labour market and to increase the return on that investment;
    -to encourage employers - to use the workplace as an active learning environment; to provide employees with the opportunities to acquire new skills; to provide opportunities for new entrants to the labour market to gain work experience; to employ persons who find it difficult to be employed;
    -to encourage workers to participate in learning programmes;
    -to improve the employment prospects of persons previously disadvantaged by unfair discrimination and to redress those disadvantages through training and education;
    -to ensure the quality of learning in and for the workplace;
    -to assist - work-seekers to find work; retrenched workers to re-enter the labour market; employers to find qualified employees;
    -to provide and regulate employment services.
« Last Edit: June 27, 2016, 02:37:57 PM by ETQA Administrator »
Education Training Questions and Answers Forum
www.etqa.co.za

Division of www.skillsjobs.co.za

 

Sitemap 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 

SUBSCRIBE

MONTHLY: Training Courses Weekly: Educational Updates Facebook page

SkillsJobs.co.za

SkillsJobs.co.za Training Providers Hire Me JOBS / Tenders

RELATED

SAQA Qualifications Search SETA's

PARTNERS

Hosting