South Africa Act or statute

Parliament of the Republic of South Africa

Skills Development Amendment Act, 2003

SETA governanceSETA winding-upaccounts and balance sheet submissionamalgamationappointmentsapprenticeshipsasset transferbudgetingcancellationcommittee appointmentscompliancedefinitionsdisciplinary proceedingsdissolutionemployer agency arrangementsEmployment lawemployment contractsemployment servicesenforcement ordersfinancial administrationfinancial mismanagementfund administrationfundinggazette noticegovernancegrantsimmovable property registrationlabour administrationlabour inspectionEmployment lawlearnerslearnershipslegal proceedingsmining regulationministerial instructionsministerial powerspayroll budgetingprivate employment services agenciespublic fundingregistrationregulationregulatory administrationregulatory complianceregulatory powersreportingrepresentationsalary and allowancessector skills planningsector training authorityservice level agreementsskills developmentstaffingtrainingtraining and educationtraining policyworkforce developmentworkforce trainingworkplace skills plansworkplace training

Jurisdiction: South Africa
Structure: 39 provisions
Citation: Act 31 of 2003
Dates: updated 14 Nov 2003

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Dates: updated 14 Nov 2003

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“This notice says the President assented to the listed Act and it was published for general information.”

This notice says the President assented to the listed Act and it was published for general information. This provision is an amendment act for the Skills Development Act, 1998, setting out planned changes to skills development institutions, funding, regulations, and related matters. This section amends several definitions in the Skills Development Act, 1998. This section adds definitions for “regulation” and “service level agreement.” Section 5 is amended so that paragraph (b) is replaced with wording about liaising with SETAs on skills policy, strategy, and sector skills plans.

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November 2003 No. 25720

This notice says the President assented to the listed Act and it was published for general information.

Section 14

The following section

Every SETA must conclude a service level agreement with the Director-General each financial year.

Section 7

The following heading is hereby substituted for the heading to Chapter 6 of the

The heading to Chapter 6 of the principal Act is replaced.

Section 15

Section 33 of the principal Act is hereby amended by the deletion of the word

This provision amends section 33 by changing wording in paragraphs (c) and (d) and adding a new paragraph (e) about private employment services agencies acting in contravention of the Act or prescribed requirements.

Section 23

This Act is called the Skills Development Amendment Act, 2003.

This section states the Act’s short title: the Skills Development Amendment Act, 2003.

Section 30

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Showing 39 of 39 provisions

Substitution 19Amendment 15Provision 2Short title 2

§ 14November 2003 No. 25720Amendment

This notice says the President assented to the listed Act and it was published for general information.

14 November 2003 No. 25720 THE PRESIDENCY No. 1674 14 November 2003 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 31 of 2003: Skills Development Amendment Act, 2003. AIDS HELPLINE: 0800-123-22 Prevention is the cure

Section 14Verify source

§ 2No. 25720Amendment

This provision is an amendment act for the Skills Development Act, 1998, setting out planned changes to skills development institutions, funding, regulations, and related matters.

2 No. 25720 GAZETTE. GOVERN.MENT 14 NOVEMBER 2003 Act No. 31,7003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existin, u enactments. Words underlined existing enactments. with a solid line indicate insertions in (Englislz text signed by the President.) (Assented to 11 N o v e r ~ ~ b e r 2003.) ACT of SETAs; to provide anew for the obligations so as to define certain expressions and To amend the Skills Development Act, 1998, amend certain definitions; to extend the functions of the National Skills Authority; to change the composition of the National Skills Authority; to extend the Minister’s of SETAs in powers in respect respect of financial management; to require SETAs to conclude service level agreements with the Director-General; to ensure that the membership of SETAs are representative regulations regarding learnership agreements; to regulate private employment service agencies; to allow the use of money in the National Skills Fund for the for budgeting in respect of training by administration of the Fund; to provide anew national and provincial public entities; to empower the Minister to establish and promote a national standard to promote good practice in skills development; to 2 ; to extend the Minister’s power to make regulations; and to amend Schedule effect consequential amendments to the Mine Health and Safety Act, 1996: and to provide for matters connected therewith. of designated groups; to empower the Minister to make B E IT ENACTED by follows:- the Parliament of the Republic of South Africa, as Amendment of section 1 ofAct 97 of 1998, as amended by section 23 ofAct 9 of 1999

Section 2Verify source

§ 1Section 1 of the Skills Development Act, 1998 (hereinafter referredAmendment

This section amends several definitions in the Skills Development Act, 1998.

1. Section 1 of the Skills Development Act, 1998 (hereinafter referred t o as the Act), principal is hereby amended- 5 ( a ) by the insertion after the definition of “Department” of the following definition: ‘‘ ‘designated groups’ means black people, women disabilities;”; and people with ( b ) by the deletion in the definition of “employment services” of the word “or” 10 - . at the end of paragraph ( d ) and the insertion after following paragraph: “(dA) procuring for or providing to a client other persons to render services of by whom those that paragraph of the to or perform work for the client, irrespective persons or”; - 15 definition of‘ “prescribed” of the following remunerated; are ( c ) by the insertion after the s e ~ vice> f u ~ gain; C I I I ~ ~ U ~ I I I C I I ~ ‘Public Finance Management Act’ means the Public Finance Manage- 20 ment Act. 1999 (Act No. 1 of 1999);”;

Section 1Verify source

§ 4No. 75770Substitution

This section adds definitions for “regulation” and “service level agreement.”

4 No. 75770 GAZETTE. GOVERNMENT 14 NOVEMElER 2003 -- Act No. 31.2003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 ( d ) by the substitution definition: “ ‘ for the definition of “regulation” of the following regulation’ means a 1-egulation made and in force in terms of [section 20 361 this Act;”; and ( e ) by the insertion after the definition of “regulation” of the following definition: 5 “ ‘ service level agreement’ means a service level agreement concluded in terms of section IOA;”. Amendment of section 5 of Act 97 of 1998

Section 4Verify source

§ 2Section 5 of the principal Act is hereby amended by the substitution in subsectionSubstitution

Section 5 is amended so that paragraph (b) is replaced with wording about liaising with SETAs on skills policy, strategy, and sector skills plans.

2. Section 5 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph ( b ) of the following paragraph: “(b) to liaise with SETAs on- (i) the national skills development policy; [and] (ii) the national skills development strategy; (iii) sector skills plans;”. Amendment of section 6 of Act 97 of 1998 10 15

Section 2Verify source

§ 3Section 6 of the principal Act is hereby amended-Substitution

This section amends section 6 of the principal Act by changing the composition of members and adding two non-voting members with skills development expertise.

3. Section 6 of the principal Act is hereby amended- ( a ) by the substitution in subsection (1) for paragraph ( b ) of the following paragraph: “ ( b ) 24 voting Minister; and”; and [three] five non-voting members appointed by the (b) by the insertion in subsection (2) after paragraph ( e ) of the following paragraph: “ ( e A ) two non-voting members, who have expertise in skills development, appointed by the Minister after consultation with the National Skills Authority;”. 25 Amendment of section 9 of Act 97 of 1998

Section 3Verify source

§ 4Section 9 of the principal Act is hereby amended by the addition of the followingAmendment

The Minister may change a SETA’s sector, after consulting the National Skills Authority and the SETAs concerned, and must publish a Gazette notice about the change.

4. Section 9 of the principal Act is hereby amended by the addition of the following subsection: “(4) The Minister may, after consulting the National Skills Authority and the SETAs in question and subject to subsection ( 2 ) , change the sector of a SETA and 30 must publish a notice in the Gazette reflecting such change.”. Insertion of section 9A in Act 97 of 1998

Section 4Verify source

§ 5The following section is hereby inserted in the principal Act after section 9:Provision

The Minister may amalgamate or dissolve SETAs, and must approve the amalgamated SETA’s constitution and publish required Gazette notices.

5. The following section is hereby inserted in the principal Act after section 9: “Amalgamation and dissolution of SETAs 9A. (1) The Minister may, after consulting the National Skills Authority and the SETAs in question and subject to section 9(2), amalgamate two or more SETAs. (2) The Minister must approve a constitution for the amalgamated SETA. (3) The Minister must publish a notice in the Gazette containing- ( a ) the date of the amalgamation; (b) the sector for which the amalgamated SETA is established; and (c) any other matter necessary amalgamation. to prescribe in order to establish the (4) On the establishment of the amalgamated SETA, all assets, rights. liabilities and obligations of the amalgamating SETAs devolve upon and vest in the amalgamated SETA. (5) The Minister may, after consulting the National Skills Authority and the SETh ir! question. dissolve a SETA if the SETA is unable to continue to p i-01111 i i j fci-lcticjii;. (6) The Minister must publish a notice in the G c u f t e - ( a ) containing the date of the dissolution of the SETA;

Section 5Verify source

§ 6No. 25720Amendment

Transfers of assets, rights, liabilities or obligations between SETAs under this section are not subject to transfer duty, stamp duty, fees or costs; the Registrar of Deeds must register transfers of immovable property on proof of transfer.

6 No. 25720 GOVERNMENT GAZETTE. 14 NOVEMBER 2003 _ _ Act No. 31, ‘7003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 ( 6 ) setting out the manner in which, and by whom, the SETA I S to be wound-up; ( c ) setting out how any assets remaining after the winding-up of the SETA must be distributed; and ( d ) providing for any other matter necessary for the dissolution and 5 winding-up of the SETA in question. (7) No transfer duty, stamp duty, fee or costs are payable in respect of the transfer of any assets, rights, liabilities or obligations between SETAs as contemplated in this section. (8) The Registrar of Deeds on presentation of proof of any transfer of 10 immovable property contemplated deeds accordingly and make the entries in the relevant register necessary to register the transfer.”. in this section must endorse the title that are Amendment of section 10 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999 15

Section 6Verify source

§ 6Section 10 of the principal Act is hereby amended-Substitution

This section amends Section 10 so a SETA must do certain prescribed grant, reporting, staffing, and promotion functions.

6. Section 10 of the principal Act is hereby amended- (a) by the substitution in subsection (1) for the words preceding paragraph ( a ) of the following words: “A SETA must, in accordance with any requirements prescribed-”; that may be ( b ) by the substitution in subsection (1)(b) for subparagraph (iii) of the following subparagraph: “(iii) allocating grants in the prescribed manner and in accordance with any prescribed standards and criteria to employers, education and training workers; (c) by the substitution in subsection (1) for paragraph ( h ) of the following providers and”; and 20 25 paragraph: “(11) [report] submit to the Director-General [on]- (i) any budgets, reports and financial statements on its income and expenditure that it is required to prepare in terms of the Public 30 Finance Management Act; and (ii) plans and reports on the implementation of its sector skills plan service level agreement;”; and (d) by the substitution in subsection (1) for paragraph ( j ) of the fcdlowing paragraphs: “ ( j ) subject to section 14, appoint staff necessary for the performance of its 35 functions; [and] {/A) promote the national standard established in terms of section 3 0 I w ” . Insertion of section 10A in Act 97 of 1998

Section 6Verify source

§ 7The following sectionAmendment

Every SETA must conclude a service level agreement with the Director-General each financial year.

7. The following section is hereby inserted in the principal Act after section 10: 40 “SETAs to conclude service level agreements 10A. ( I ) For each financial year, every SETA must conclude with the Director-General a service level agreement concerning- 7 ( a ) the SETA’s performance of its functions in terms of this Act and the national skills development strategy; (b) the SETA’s annual business plan; and (c) any assistance that the Director-General is to provide to the SETA in 45 order to enable it to perform its functions. (2) If the Director-General and a SET.4 cannot agree on the contents of a the Minister must service level agreement within the prescribed period, determine the contents of the service level agreement after consulting the National Skills Authority. (3) l‘he determination by the Minister in respect of a service ievci 50 agreement is final and binding. (4) The Minister must, after consultation with the National Skills 55 Authority, make regulations concerning- 8 No. 25720 GOVERNMENT GAZETTE. 14 NOVEMBER 2003 ~- Act No. 31,2003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 ( a ) the procedure for negotiating a service level agreement, including the periods within which negotiations must be conducted; ( b ) the matters which may be dealt with in a service level agreement and which may include- (i) the standards, criteria and targets for measuring and evaluating SETA’s performance of its functions in terms of the Act and its obligations in terms of the national skills development strategy; and the timetable, number, format, contents and information require- ments of plans and reports to the Director- General. ”. to be submitted (ii) Amendment of section 13 of Act 97 of 1998

Section 7Verify source

§ 8Section 13 is hereby amended by the addition of the following subsection:Amendment

Every SETA must make its constitution and take steps so its membership and constituencies are representative of designated groups.

8. Section 13 is hereby amended by the addition of the following subsection: “(4) In order to ensure that its membership is representative of designated must- groups, every ( a ) provide in its constitution that each constituency contemplated in section 11 in question is represented by members who are represented on the SETA sufficiently representative of such designated groups; and SETA 5 10 15 ( b ) take the necessary steps to ensure that the constituencies in question comply with the provision in the SETA’s constitution contemplated in p a r a g r a p u ” . 20 Amendment of section 14 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999

Section 8Verify source

§ 9Section 14 of the principal Act is hereby amended-Substitution

The Minister must set a total administration spending limit for a SETA and may set related spending, salary, bonus, and allowance rules. SETAs must be managed under the Public Finance Management Act and must file budgets, reports, statements, and other required information with the Director-General.

9. Section 14 of the principal Act is hereby amended- ( a ) by the substitution in subsection (3) for the words preceding paragraph ( a ) of following the words: “The moneys received by a SETA may be used only in the prescribed manner and in accordance with any prescribed standards or criteria to-”; ( b ) by the insertion after subsection (3) of the following subsections: “(3A) For the purposes of subsection (3)(b), the Minister- ( a ) must prescribe the total expenditure that a SETA may make on its administration; and (b) may prescribe- (i) the amount that a SETA may spend on any aspect of its administration; (ii) salary bands within which categories of employees rnust be remunerated; 25 30 35 (iii) the conditions under which employees may receive perfor- mance-related payments and the maximum payment that may be made to an employee in this regard; 40 (iv) the allowances that may be paid to members and office-bearers of SETAs or any other persons who serve on a committee or other structure of a SETA. (3B) For the purposes of subsections (3) and (3A), the administration of a SETA includes any aspect of the administration or management of a SETA, irrespective of who performs it.”; and 45 ( c ) by the substitution for subsections (4) and (5) of the following subsections, respectively: “(4) A SETA must be managed in accordance with the Public Fhance Management Act. (5) Every SETA must- ( a ) prepare annual budgets, annual reports and financial statements in accordance with Chapter 6 of the Public Finance Management Act; and (6) furnish the Director-General with copies of all budgets, reports and statements contemplated in paragraph ( a ) and any other information that it is required to submit in terms of the Public Finance Manacement Act.”. 50 55 10 No. 25720 GAZETTE. GOVERNMENT

Section 9Verify source

§ 13NOVEMBER 2003Amendment

This section identifies the November 2003 Skills Development Amendment Act and says it inserts section 14A into Act 97 of 1998.

13 NOVEMBER 2003 Act No. 31,3003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 Insertion of section 14A in Act 97 of 1998

Section 13Verify source

§ 10The following section is hereby inserted in the principal Act after section 14:Amendment

The Minister may give written instructions to a SETA in specified noncompliance situations, and the instruction must state the reasons, unmet provisions, required steps, and deadline.

10. The following section is hereby inserted in the principal Act after section 14: “Minister may issue written instructions to SETAs 14A. (1) The Minister may issue a written instruction to a SET.A if- ( a ) the SETA is not performing any of its functions or not complying with its service level agreement; ( b ) the SETA is not managing its finances in accordance with this Act; (c) the SETA’S membership is not representative of the constituencies contemplated in section 11; or (a) the SETA has not prepared and implemented an employment equity plan as contemplated in section 20 of the Employment Equity Act. 1998 (Act No. 55 of 1998). (2) An instruction issued under subsection (1) must set out- ( a ) the reason for issuing the instruction; ( 6 ) any provision of the Act that the SETA has not complied with; and (c) the steps that the SETA is required to take and the period within which such steps must be taken. (3) At the request of a SETA, the Minister may- (a) extend the period for complying with an instruction; or ( b ) revise the terms of the instruction. (4) If a SETA has not complied with an instruction issued in terms of this section within the specified period, the .Minister may- ( a ) direct the Director-General to withhold all or part of the allocation to the SETA in terms of section 8(3)(b) of the Skills Development Levies Act for such period and on such conditions as the Director-General may determine; ( b ) invoke section 15 without further notice to the SETA; (c) order an investigation into the management and administration of the SETA; or 5 10 15 20 25 (d) take any other steps necessary to ensure that the SETA perfixms its functions or manages its finances i n accordance with this Act. 30 (5) If a SETA has unreasonably failed to institute disciplinary proceed- ings for misconduct against any employee of the SETA, the Minister may direct the SETA to institute disciplinary proceedings against that em- ployee.”. 35 Amendment of section 15 of Act 97 of 1998

Section 10Verify source

§ 11Section 15 of the principal Act is hereby amended-Substitution

This section lets the Minister order the Director-General to appoint an administrator for a SETA, and requires the Director-General to publish the appointment and set the administrator’s powers and duties.

11. Section 15 of the principal Act is hereby amended- ( a ) by the substitution for subsections (1) and (2) of the following subsections, respectively: “(1) The Minister may, after consultation with the National Skills 40 Authority[, by notice in the Gazette,:] and the SETA in question, direct :he Director-General to appoint an administrator to take oyer the administration of a SETA or to perform the functions of a SETL! if [the Minister is of the opinion that]- ( a ) the SETA to ( b ) there is mismanagement of its finances; [or] (c) its membership no longer substantially represents the composition contemdated in section 11 : the SETA has failed to comply with its service level agreement; or (rZ) ( e ) the SETA has failed to comply with an instruction issued by the 50 perform its functions; fails 45 Minister in terms of section 14A. 12 No. 25720 GAZETTE. GOVERNMENT 14 NOVEMBER 2003 Act No. 31,2003 SKlLLS DEVELOPMENT AMENDMENT ACT. 2003 ( 2 ) [In that notice the Minister] The Director-General must publish a notice in the Gazette appointing anadministrator and in that notice the Director-General- must determine the powers and duties of the administrator [appointed in terms of subsection (l)]. which may include the performance by the administrator of the SETA’S functions in terms of the Public Finance Management Act; may suspend or replace one or more members of the SETA for a reason contemplated in subsection (l)(a)[, (b) or (c)] *(e); may suspend the operation of the constitution of the SETA.; and may[, in the prescribed manner,] direct the transfer of all or some to the National Skills of the funds in the SETA’s bank account Fund.” ; and ( b ) by the addition of the following subsection: “(4) The Minister may act in terms of subsection (1) without consulting the National Skills Authority and the SETA in question if 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 of section 17 of Act 97 of 1998 5 10 15 20

Section 11Verify source

§ 12Section 17 is hereby amended by the addition of the following subsection:Amendment

The Minister may make regulations allowing an employer to use an agency to do the employer’s obligations and exercise the employer’s rights for certain learnership or employment contracts, and to set the relationship between the employer and the agency.

12. Section 17 is hereby amended by the addition of the following subsection: “(7) The Minister may make r e g u l a t i o n e (a) permitting an employer to enter into an agreement with an aF.ency to perform the employer’s oblipations and exercise the employer’s rights in respect of a learnership agreement or, in respect of a learner contem- 25 plated in section 18(2), a contract of employment; and ( 6 ) prescribing the relationship between the employer and the agency contemplated in paragraph (a).”. Amendment of section 19 of Act 97 of 1998

Section 12Verify source

§ 13SectionSubstitution

This section amends section 19 of the principal Act and updates references to a learner’s contract of employment; it also adds a subsection saying the section overrides any contrary provision in section 210 of the Labour Relations Act, 1995.

13. Section 19 of the principal Act is hereby amended- 30 ( a ) by the substitution in subsection (l)(a) for subparagraph (ii) of the following subparagraph: “(ii) a contract of employment of a learner contemplated in section 18(2); or”; ( b ) by the substitution in subsection (l)(c) for subparagraph (ii) of the following 35 subparagraph: “(ii) a contract of employment of a learner contemplated in section - 18(2).”; and ( c ) by the addition of the following subsection: “(7) Notwithstanding section 210 of the Labour Relations Act, 1995 40 (Act No. amending any contrary provision in that Act.“. 66 of 1995), this section must be regarded as expressly Amendment of section 20 of Act 97 of 1998 (1) for paragraphs

Section 13Verify source

§ 14Section 20 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This section amends section 20 so that the listed paragraph refers to using training providers in section 17(1)(c) and complying with requirements that may be prescribed.

14. Section 20 of the principal Act is hereby amended by the substitution in subsection ( c ) and (d) of the following paragraphs, respectively: “(c) uses training providers referred to in section 17( l)(c); [or] ((1) complies with [the prescribed] 3 requirements that may be prescribed.”. 45 Substitution of heading to Chapter 6 of Act 97 of 1998

Section 14Verify source

§ 15The following heading is hereby substituted for the heading to Chapter 6 of theSubstitution

The heading to Chapter 6 of the principal Act is replaced.

15. The following heading is hereby substituted for the heading to Chapter 6 of the principal Act: 50 I4 No. 25720 G4ZETTE. GOVERNMENT 14 NOVEMBER 2003 Act No. 31,2003 SKILLS DEVELOPMENT AMENDhlENT ACT. 200.3 Amendment of section 24 of Act 97 of 1998

Section 15Verify source

§ 16Section 24 of the principal Act is hereby amended-Substitution

People who want to provide employment services for gain must register as a private employment services agency, registered agencies must follow prescribed criteria, and the Director-General may withdraw registration for non-compliance.

16. Section 24 of the principal Act is hereby amended- ((0 by the substitution for subsection (1) of the following subsection: “( 1) Any person who wishes to provide employment services for gain to must apply for registration as a private employment services agency the Director-General in the prescribed manner.”; ( b ) by the substitution for subsection (4) of the following subsection: “(4) A registered private employment [service] services a g e r 9 must comply with the prescribed criteria.”; and (c) by the addition of the following subsection: “(5) The Director-General may withdraw the registration of any private employment services agency that fails to comply with this Act or any prescribed requirements or criterk-”. 5 10 Substitution of section 25 of Act 97 of 1998

Section 16Verify source

§ 17The following section is hereby substituted for section 25 of the principal Act:Substitution

The Director-General may cancel a private employment services agency’s registration if it is not complying with the prescribed criteria, but must first give notice and 30 days to respond.

17. The following section is hereby substituted for section 25 of the principal Act: 15 “Cancellation of registration of private employment services agency [service] services agency 25. (1) Subject to this section, the Director-General may cancel the registration of [an] a private employrnent if [satisfied that] the private employment [service] services agency is not prescribed complying with the criteria. (2) If the Director-General has reason to believe that [an] a private employment [service] services agency is not complying with the prescribed criteria and accordingly the Director-General must, before cancelling its registration- ( a ) notify the [service] agency of the intention to cancel registration and that its registration should be cancelled, the reasons for doing so; ( b ) give the [service] agency 30 days from the date of the notice to make (c) representations on why its registration should not be cancelled; and take those representations (3) If the Director-General into account in reaching a decision. cancels the registration of [an] a private 20 25 30 employment [service] services agency, the Director-General must give written notice of that decision to the private employment [service] services agency.”. -~ Amendment of section 28 of Act 97 of 1998

Section 17Verify source

§ 18Section 28 of the principal Act is hereby amended by the addition of the following 35Amendment

Up to 2% of money allocated to the Fund may be used to administer the Fund.

18. Section 28 of the principal Act is hereby amended by the addition of the following 35 subsection, the existing section becoming subsection (I): . , ‘‘(2) A maximum of two per cent o f the money allocated to the Fund in terms of section 8(3)(n) of the Skills Development Levies Act may be used to administer the Fund. ” . Amendment of section 29 of Act 97 of 1998

Section 18Verify source

§ 19Section 29 of the principal Act is hereby amended by the addition of the followingSubstitution

The Director-General must send the accounts and balance sheet to the National Skills Authority for information as soon as possible after they are prepared.

19. Section 29 of the principal Act is hereby amended by the addition of the following subsection: “(4) The accounts and balance sheet contemplated in subsection (l)(c) must be submitted by the Director-General to the National Skills Authority for information as soon as possible after they have been prepare&”. . 40 45 16 No. 25720 GAZE7TE. GOVERNMENT 14 NOVEMBER 1003 Act No. 31,2003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 Substitution of section 30A of Act 97 of 1998, as inserted by section 23 of Act 9 of 1999

Section 19Verify source

§ 20The following section is hereby substituted for section 30A of the principal Act:Substitution

This section substitutes a new section 30A titled “Budget for training by national and provincial public entities.”

20. The following section is hereby substituted for section 30A of the principal Act: “Budget for training by national and provincial public entities

Section 20Verify source

§ 30AIf 80 per cent or more of the expenditure of a national or provincialProvision

If the expenditure threshold is met, the entity must budget a payroll amount for employee training and education, and it may contribute funds to a SETA.

30A. If 80 per cent or more of the expenditure of a national or provincial is defrayed directly or indirectly from funds voted by public entity Parliament, that entity [must budget for at least]- ( a ) [0,5 percent of its payroll with effect from annually budget at least one per cent of its payroll for the training and employees; education of its and 1 April 20001 - 5 10 ( b ) [one percent of its payroll with effect from 1 April 2001, for the training and educaiion of its employees] may contribute funds to a SETA.”. Insertion of section 30B in Act 97 of 1998

Section 30AVerify source

§ 21The following section is hereby inserted in the principal Act in Chapter 8 after 15Substitution

The Minister may set a national standard of good practice in skills development, and the Director-General may fund activities under this section from the National Skills Fund.

21. The following section is hereby inserted in the principal Act in Chapter 8 after 15 section 30A: “National standard of good practice in skills development 30B. (1) In order to achieve the purposes of this Act, the Minister may, by notice in the Gazette, establish a national standard of good practice in skills development. (2) The Minister may take any steps necessary to achieve the national 2C’ standard contemplated in subsection contract with an existing agency. (1) and may establish an agency or (3) The Director-General may allocate funds from the National Skills Fund to fund any activity undertaken in terms of this section.”. 25 Substitution of section 32 of Act 97 of 1998

Section 21Verify source

§ 22The following section is hereby substituted for section 32 of the principal Act:Substitution

Section 22 substitutes section 32 of the principal Act with a section titled “Monitoring, enforcement and legal proceedings.”

22. The following section is hereby substituted for section 32 of the principal Act: “Monitoring, enforcement and legal proceedings

Section 22Verify source

§ 32QJ Chapter Ten, and sections 90 to 93 of and Schedule Two [ofl to theAmendment

This section applies certain BCEA enforcement and court-proceeding rules to this Act, and lets a labour inspector issue a prescribed-form order requiring a person to stop running a business employment services agency in contravention of the Act.

32. QJ Chapter Ten, and sections 90 to 93 of and Schedule Two [ofl to the Basic Conditions of Employment Act apply, with changes required b y the 3Cl context, to- ( a ) the monitoring and enforcement of this Act; and (b) any legal proceedings concerning a contravention of this Act. (2) A labour inspector appointed i n terms of section 63 of the Basic Conditions of Employment Act may issue an order in the prescribed form 35 requiring any person to cease conducting the business employment services agency in contravention of this Act.”. of a private - Amendment of section 33 of Act 97 of 1998

Section 32Verify source

§ 23Section 33 of the principal Act is hereby amended by the deletion of the wordSubstitution

23. Section 33 of the principal Act is hereby amended by the deletion of the word “or” at the end of paragraph (c), the insertion of the word “or” at the end of paragraph 4cl ( d ) and the addition of the following paragraph: “(e) conduct the business of a private employment services agency in contraven- tion of this Act or any prescribed requirement.“. I 8 No. 25720 W ‘ v EKNMENT GAZETTE. 14 NOVEMllER 2003 Act No. 31,7003 SKILLS DEVELOPMENT AMENDMENT ACT. 7003 Substitution of section 36 of Act 97 of 1998

Section 23Verify source

§ 24The following section is hereby substituted for section 36 of the principal Act:Substitution

This section says section 36 of the principal Act is being substituted with new regulations text.

24. The following section is hereby substituted for section 36 of the principal Act: “Regulations

Section 24Verify source

§ 36The Minister may, after consultation with the National SkillsAmendment

The Minister may make regulations, after consulting the National Skills Authority and publishing the notice in the Gazette.

36. The Minister may, after consultation with the National Skills Authority, by notice in the Gazette, make regulations [relating to any matter which] regarding- (a) any matter which may or must be prescribed under this Act; [and] (6) any procedure, period, criterion or standard for SETAs to perform an1 5 I - function in terms of section lO(1); (c) categories and amounts of grants that may be allocated in terms 01 F section IO( l)(b)(iii); (d) the criteria or conditions that may be attached to grants allocated ir I terms of section 10( I)(b)(iii); ( e ) the evaluation of applications for grants in terms of sectior I lO(l)(b)(iii); (fl the manner in which grants may be allocated in terms of sectior I 10( l)(b)(iii); (g) the exercise by a SETA of any power contemplated in section lO(2); (h) the content, format and timeframe for submitting any report or plan I (i) that SETAs are required to submit in terms of this Act; the services in respect of which a SETA may earn income in terms of section 14(l)(e) and the fees, including maximum fees, that may be charged in respect of such services; ( j ) the financial systems that SETAs are required to utilise; ( k ) the submission by employers to SETAs of workplace skills plans and (1) reports and the form and contents of such reports; the appointment by employers of workplace skills facilitators and the obligations of employers in respect of workplace skills facilitators; (m) the rights and functions of workplace skills facilitators; (n) the rights of registered trade unions, or other employee representa- tives, to consult with their employer over developing, implementing and reporting on workplace skills plans and on other matters dealt with in this Act; (0) circumstances specified in the regulations under which a private employment services agency may charge services provided by private employment services agencies and maximum fees that may be charged; fees in respect of any the ( p ) services for which private employment services agencies may not charge work-seekers fees; (9) a form for registering private employment services agencies; ( r ) the administration, operation, National Skills Fund; and any other matter which it is necessary or expedient to prescribe in order to achieve the purposes of this Act.”. functioning and obligations of the (s) Amendment of item 4 of Schedule 2 to Act 97 of 1998

Section 36Verify source

§ 25Schedule 2 to the principal Act is hereby amended-Repeal

This amendment says certain functions are transferred to specified bodies or officials, including a designated Department of Labour official, a SETA, and the National Skills Authority.

25. Schedule 2 to the principal Act is hereby amended- (a) the substitution in item 4 for subitem (5) of the following subitem: L 45 “(5) @J Subject to subitem (4)fb), all sections [13 to 291 of the Manpower Training Act [remains] thatconcern apprentices remain in force as if that Act had not been repealed until a date determined by the Minister by notice in the Gazette. (6) For the purposes of this subitem- (i) any function of the registrar must be performed by an official of the Department of Labour designated for that purpose in writing by the Minister; 50 55 20 No. 25720 GAZETTE. GOVERNMENT 14 NOVEMBER 2003 Act No. 31,2003 SKILLS DEVELOPMENT AMENDMENT ACT. 2003 (ii) any function of a training board must be performed by the SETA contemplated in subitem (4)(a); and (iii) any function of the National Training Board must be performed by the National Skills Authority.”. Insertion of item 4A in Schedule 2 to Act 97 of 1998 5

Section 25Verify source

§ 26Schedule 2 to the principal Act is hereby amended by the insertion after item 4 ofAmendment

This section amends Schedule 2 of the principal Act by inserting a new item after item 4.

26. Schedule 2 to the principal Act is hereby amended by the insertion after item 4 of the following item: “Mining Qualifications Authority

Section 26Verify source

§ 4ADespite anything to the contrary in either this Act or the Mine HealthAmendment

This section treats SETA 16 as having been established, lets the Minister make related amendments or representation decisions, and requires the Minister to perform Chapter 3 functions for SETA 16.

4A. Despite anything to the contrary in either this Act or the Mine Health and Safety Act, 1996 (Act No. 29 of 1996)- ( a ) and with effect from 20 March 2000- (i) the Mining Qualifications Authority established in terms of section 4 l(3) of the Mine Health and Safety Act, 1996, must be regarded as having been established in terms of section 9( I ) of this Act as SETA 16; (ii) Schedule 7 to the Mine Health and Safety Act, 1996, must be (iii) the regarded as the constitution of SETA 16; and Chief Inspector chairperson of SETA 16; of Mines must be regarded as the I 10 15 (b) the Minister may, in consultation with the Minister of Minerals and Energy and after consulting the Mining Qualifications Authority- 20 (i) amend Schedule 7 to the Mine Health and Safety Act, 1996, in order to bring the constitution of SETA 16 into line with the constitutions of other SETAs; and (ii) allow an interested professional body or a bargaining council with jurisdiction in the mining sector to be represented on the Mining Qualifications Authority; and (c) the Minister must, in consultation with the Minister of Minerals and Energy, with regard to SETA 16, perform any function entrusted to the Minister in Chapter 3 of this Act.” 25 30 Amendment of section 45 of Act 29 of 1996, as amended by section 21 of Act 72 of 1997

Section 4AVerify source

§ 27Section 45 of the Mine Health and Safety Act, 1996, is hereby amended by theSubstitution

Members of the Mining Qualifications Authority must be appointed in line with the constitution referred to in section 97(4).

27. Section 45 of the Mine Health and Safety Act, 1996, is hereby amended by the substitution for subsection (2) of the following subsection: “(2) The [Minister must appoint the] members of the Mining Qualifications Authority must be appointed in accordance with the constitution contemplated in section 97(4).”. 35 Amendment of section 46 of Act 29 of 1996, as amended by section 22 of Act 72 of 1997 *

Section 27Verify source

§ 28Section 46 of the Mine Health and Safety Act, 1996, is hereby amended-Substitution

This amendment gives the Mining Qualifications Authority power to appoint committees, requires it to manage its financial affairs under the Skills Development Act, and lets it do anything necessary to meet its objectives.

28. Section 46 of the Mine Health and Safety Act, 1996, is hereby amended- 40 ( a ) by the deletion in subsection (1) of the word “and”at the end of paragraph (d), the insertion of the word “and” at the end of paragraph ( e ) and the addition to that subsection of the following DaragraDh: I . u L “(J) perform the functions of a sector education and training authority in terms of the Skills Development Act, 1998 (Act No. 97 of 1998).”; and ( b ) by the substitution for subsection (2) of the following subsection: “(2) The Mining Qualifications Authority [may]- (a) may appoint permanent and ad hoc committees, and subcommit- tees, for any period and on any conditions; 45 50 GAZETTE. GOVERNMENT 25720 No. 22 2003 14 NOVEMBER Act No. 31,2003 SKILLS DEVELOPMENT AMENDMENT ACT. 70Oj ( b ) ~ must administer and control its financial affairs in accordance with the Skills Development Act, 1998 (Act No. 97 of 1998); and ( c ) may do anything necessary to achieve its objectives." Amendment of section 97 of Act 29 of 1996, as amended by section 40 of Act 72 of 1997 5

Section 28Verify source

§ 29Section 97 of the Mine Health and Safety Act, 1996, is hereby amended by theShort title

The Minister may add to, change, or replace schedules to the Act, after consulting the Council and by notice in the Gazette, but not Schedules 2, 3, 7, and Schedule 4 is subject to subsection (9).

29. Section 97 of the Mine Health and Safety Act, 1996, is hereby amended by the substitution for subsection ( I ) of the following subsection: "( 1) The Minister-, after consulting the Council, by notice in the Gazette may add to, change or replace any Schedule to this Act other than Schedules 2, 3 - and 7 and, subject to subsection ( 9 , Schedule 4.". 10 Short title

Section 29Verify source

§ 30This Act is called the Skills Development Amendment Act, 2003.Short title

This section states the Act’s short title: the Skills Development Amendment Act, 2003.

30. This Act is called the Skills Development Amendment Act, 2003.

Section 30Verify source

Legislative relationships

15 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Act or prescribed requirements. 23. Section 33 of the principal Act
Section 23
Employment Act
Section 32
Employment Equity Act
Section 10

G–M

4 instruments

heading to Chapter 6 of the principal Act
Section 15
Labour Relations Act, 1995
Section 13
Manpower Training Act
Section 25
Mine Health and Safety Act, 1996
Sections 4A, 27, 28, 29

N–S

7 instruments

principal Act
Sections 3, 22
Public 30 Finance Management Act
Section 6
Public Finance Management Act
Section 9
Schedule 2 to Act
Section 36
SETA’S functions in terms of the Public Finance Management Act
Section 11
Skills Development Act, 1998
Sections 1, 2
Skills Development Levies Act
Section 18

T–Z

1 instrument

This section amends Schedule 2 of the principal Act
Section 26

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