DEPARTMENT OF LABOUR No.
SKILLS DEVELOPMENT ACT, 1998 (ActNo.
NOTICE OF AMENDMENT OF THE SKILLS DEVELOPMENT BILL, 2003 of Labour, after consulting with Cabinet, hereby publish for public comment, proposed amendments to the Skills Development Act,1998 (ActNo. 97 of 1998).
To amend the Skills Development Act, 1999; to require SETAs to conclude service level agreements with the Director-General; to amend the powers of the Minister in relation to SETAs; to clarify the obligations of SETAs in respect of financial management; to further regulate private employment service agencies; to allow the Minister to establish and promote a standard for people development; to provide for the financing of the National Skills Fund; and to provide for matters connected therewith.
Amendment to section 1of Act 97 of 1998 1.
(e)procuringfororproviding to aclientotherpersons to render servicesto. or perform work for the client.
Amendment to section 5 of Act 97 of 1998 2.
to report to the Minister in the prescribed manner on the progress made in the implementationof the national skills development strategy; to conduct investigationson any matter arising outof the applicationof to exercise any other powers and perform any other duties conferred or imposed on the Authority by this Act.
Amendment to section 6 of Act 97 of 1998 3.
Amendment to section 9 of Act 97 of 1998 4.
notice in the Gazette varying the sector of a SETA.
Insertion of section 9A of Act 97 of 1998 5.
9A Amalgamation and dissolution of SETAs comuliance section amalgamate two or more SET&.
The Minister must approve a constitution for the amalgamated SETA.
any other matter necessary to establish the amalgamated SETA.
TheMinister.afterconsulting the National SkillsAuthority and the SETA concerned.may dissolve a SETA if the Minister is of the opinion that the SETA is unable to continue to perform its functions.
Notransferduty, stampduty.fee or costsarepayableinrespect of transfer of any assets, rights. liability or obligations between SETAs as contemplated in this section.
TheRegistrar of Deeds on presentation of proof of any transfer of immovable property contemplated in this section must endorse the title deeds accordingly and make the entries in the relevant register that are necessary to reFister the transfer.
Amendment to section 10 of Act 97 of 1998 6.
within a week ffom its establishment, apply to the South African Qualifications Authority for accreditationas a body contemplated in section 5 (1) (a) (ii) (bb)and must, within 18 months fom the date of that application, beso accredited?
Development Levies Act or consistent with the purposes of this Act.
Insertion of section 10A in Act 97 of 1998 7.
(c)anyassistancethattheDirector-General is to provide to the SETA to enable it to perform its functions.
(ii)thetimetable.number.format, contentsandinformation requirements of Plans and reports to be submitted to the Director-General.
Amendment to section 14 of Act 97 of 1998 9.
fund the performance of its hnctions; and pay for its administration within the prescribed limit.
J3A) In terms of subsection 3(b).
J3B) For the purposes of subsections (3) and (3A), the administration of a SETA includes any aspectof the administration or management of a SETA. irrespective of who performs it.
prepare annual budgets.
supply to the Director-Generalcopies of all budgets. reports and statements contemplated by paragraph(a) and any other information that they are required to submit in terms of the Public Finance Management Act.
Insertion of section 14A in Act 97 of 1998 10.
the SETA'S membership is not representative of the constituencies contemplated by section 11:or the SETA has not prmared and implemented an employment equity plan in accordance with the Employment Equity Act, 1998 (Act 55 of 1998).
the steps that the SETA is required to take and the period within which those steps mustbe taken.
At the request of a SETA.
revise the terms of the instruction.
,ritute disciulinary uroceedings for misconduct against any employee -f the SETA, the Minister may direct the SETA to institute disciplinary proceedings againstan employee.
Amendment to section 15 of Act 97 of 1998 11.
[In that notice the Minister] The Director-General must publish a notice in the Gazette appointing an administrator.
may suspend the operation of the constitution of the SETA; and maydirectthe [in the prescribed manner,] transfer of all or some of the funds in theSETA's bank account to the National Skills Fund.
"(4) The Ministermy issue a notice in termsof subsection (1, without consulting the National Skills Authority if the Minister is of the oDinion that there is financial mismanagement of the SETA and the delay caused by the consultation would be detrimental to the SETA's capacity to Perform its functions."
Amendment to section 17 of Act 97 of 1998 12.
prescribing the relationship between the employer and the agency contemplated in paragraph (a).
Amendment to section 19 of Act 97 of 1998 13.
a contract of employment of a learner contemlated by section 18(2).
" (7) For the purposes of section 210 of the Labour Relations Act, 1995(Act 66 of 1995). this section amends any contrary provision in that Act."
Amendment to section 20 of Act 97 of 1998 14.
complies with any [the prescribed] requirementsthat may be prescribed.
Amendment to title of Chapter 6 15.
Amendment to section 24 of Act 97 of 1998 16.
"(1) Any person who wishes to provide employment services for gain must apply for registration asprivate employment services agency to the Director-General in the prescribed manner."
by the insertion after subsection (4) of the following subsect.
"(5) TheDirector-General maywithdrawtheregistration of any private employment services agency that fails to co qdy with the Act or any prescribed requirements or criteria."
Amendment to section 25 of Act 97 of 1991 17.
Subject to this section, the llirector-General may cancel the registration of [an] _a privateemploymentservices agency if satisfiedthatthe criteria.
take those representations into account in reaching a decision.
Amendment to section 28 of Act 97 of 1998 18.
2) A maximum oftwo percent o.€the money allocated to the Fund in terms of section 8(3)(a) of the Skills Development LeviesActmaybeusedto administer the Fund.'
Amendment to section 30A of Act 97 of 1998 19.
one percent of its payroll with effect from 1 April 2000 may contribute fundsto a SETA.
Insertion of section 30B in Act 97 of 1998 20.
In order to achieve the pwses of the Act, the Minister by notice in the Gazette may establish a national standard to promote good practice in skills development.
The Minister may take such steps as are necessary to promote the national standard to promote good Dractice in skills development, including. but not limited to establishing an wency or contracting with an existing agencyto promote the national standard to promote good practice in skills development.
The Director-General may allocate hds fiom the National Skills Funds to fund any activity undertaken interms of this section.
Amendment to section 32 of Act 97 of 1998 21.
Amendment to section 33 of Act 97 of 1998 22.
Amendment to section 36 of Act 97of 1998 23.
The Ministermay, after consultation withthe National Skills Authority. by notice in the Gazette.
any matter listed in Schedule 3 to this Act; and any other matter which it is necessary or expedient to prescribe in order to achieve the purposes of this Act.
Amendment to item 4 of Schedule 2 to Act 97 of 1998 24.
in force as if thatActhadnotbeenrepealeduntil a date determined by the Minister by notice in the Gazette.
fc any function of the NationalTrainingBoardmust be performed by the National Skills Authority.
Insertion of new item 4A in Schedule 2 of Act 97 of 1998 25.
(4A) Despite any provision to the contrary in either this Act or the Mine Health and Safety Act, 1996 Act No 29 of 1996) a)theMiningOualificationsAuthorityestablishedinterms of section 413) of the Mine Health and Safety Act. 1996 is deemed to be established as SETA 16 with effect &om 20 March 2000; /b)Schedule 7 to theMineHealthandSafetyAct,1996 containingtheconstitution of theMiningQualifications Authority is deemed to contain with effect fiorn 20 March 2000 the constitution of the M&g Qualifications Authority approved bv the Minister in termsof section 9()1 of this Act; IC) the Chief Inspector of Mines is deemed to have been elected as thechairoftheMiningQualificationsAuthoritywith effect fkom 20 March 2000; /d) the Mining.
f, theMinister may. in consultation withtheMinister of Minerals and Energy. exercise any other power in terms of Chapter 3 of this Act in resDect of the MiningQualifications Authority.
Insertion of schedule 3 in the Skills Development Act 97 of 1998 26.
Amendment to section 45 of Act 29 of 1996 27.
Amendment to section 46 of Act 29 of 1996 28.
(0 performthefunctions of asectoreducationandtraining authority in terms of the Skills Development Act, 1998 (Act 97 of 1998).
its . accordancewiththeSkillsDevelopmentAct.
may do anything necessary to achieve its objectives.
Amendment to section97 of Act 29 of 1996 29.
2,3 and 7 and, subject to subsection(5), Schedule 4.
Amendment to section 3 of Act 63 of 2001 30.