Author Topic: QCTO Legislative and other mandates  (Read 1360 times)

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QCTO Legislative and other mandates
« on: July 24, 2015, 11:35:15 PM »
Constitutional mandate

The QCTO is not directly referenced in the Constitution. However there are two sections in the Bill of Rights to which its functions relate:

22. Freedom of trade, occupation and profession
Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.

29. Education
1. Everyone has the right
  • a. to a basic education, including adult basic education; and
    b. to further education, which the state, through reasonable measures, must make progressively  available and accessible.

In ensuring the quality of occupational qualifications, which include qualifications leading to trades, other occupations and professions, the QCTO contributes to Section 22.
In developing and quality assuring occupational qualifications that augment the menu of qualifications in the various sub-frameworks of the National Qualifications Framework, it also contributes to Section 29(1)(b).
And in so far as its Foundational Learning programmes contribute to adult basic education, the QCTO also contributes to Section 29(1)(a).

Legislative mandate

National Qualifications Framework Act, No 67 of 2008

The NQF Act is the guiding act for the sub-frameworks with the Skills Development Act, GENFETQA
Act and Higher Education Act providing the specific functions for each of the quality councils.

Skills Development Act (SDA), No 97 of 1998

The Skills Development Act as amended in 2008 provides for the establishment, composition, constitution and other functions of the QCTO providing the requirements for both the:
•    Corporate form of the QCTO (Structure and Functions)
•    Core services of the QCTO (Products and Services)

Higher Education Laws Amendment Act, No 26 of 2010

On 7 December 2010 the Higher Education Laws Amendment Act was passed in which the following sections of the Skills Development Act, relevant to the QCTO, were amended.

Public Finance Management Act, No 1 of 1999

On 31 December 2010 the QCTO was listed as a Schedule 3A Public Entity under the Public Finance Management Act, effective retrospectively from 1 April 2010 (Gazette Notice 33900), as per section 26(G)(1) of the SDA. It is therefore subject to all the measures outlined in that Act relevant to such entities.

Memorandum of Agreement (MOA) between the QCTO and Department of Higher  Education and Training (DHET)

The QCTO and the DHET entered into a MOA on 13 July 2011 with the understanding that for the transition, the QCTO will use the DHET’s infrastructure and systems to support it while becoming fully operational. This MOA has been extended until 31 March 2014. The QCTO appointed its permanent CEO and CFO during the 2012/13 financial year which will contribute to the QCTO becoming fully operational. A process to develop and approve the relevant internal policies and systems has been put in place in order to become an autonomous organisation. The QCTO has also obtained other premises which will be occupied from December 2013.

Policy mandates

In December 2012 the Minister of Higher Education and Training published Government Gazette 36003 on the determination of the three Sub-frameworks that make the National Qualifications Framework. The determination proposes that the focus of the Occupational Qualifications Sub-framework (OQSF) should be on levels 1 to 6 of the NQF. After consultation the Minister, on 30 August 2013, published Gazette 36 803 amending the determination of the sub-frameworks that comprise the NQF. In this Gazette the Minister maintained the need for the OQSF development, at present, to focus on NQF levels 1 to 6.

Relevant court rulings

Planned policy initiatives

There is a range of policy initiatives planned, including:
•    The DHET White Paper is at advanced stages with various stakeholders having been consulted. The outcome of this process is expected to have far reaching effects for the QCTO.
•    Draft Trade Test Regulations are nearing completion with the expectation of their presentation to the Minister before the end of the calendar year 2013.
•    Outstanding regulations required for the delivery of mandated functions such as the accreditation of providers and assessment centres etc.
•    The Skills Development Act is also under review.
•    The QCTO has completed the draft of the Occupational Qualification Sub-Framework policy.

From an internal perspective the QCTO is working in earnest to develop policies that guide and give better direction to both the core business and support services. The accomplishment of this will result in the demise of the MoA in which the QCTO entered with the Department of Higher Education and Training so as to ensure the QCTO meets all requirements of a public entity. The QCTO’s plan to manage these matters is embedded into the Strategic Plan contained herein.

There are currently no direct court rulings relevant to the QCTO.
« Last Edit: July 24, 2015, 11:36:46 PM by ETQA Administrator »
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