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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Skills Development Act, No.  97 of 1998

Long title


To provide an institutional framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African workforce; 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 for the financing of skills development by means of a levy-financing scheme and a National Skills Fund; to provide for and regulate employment services; and to provide for matters connected therewith.

[...as amended by Act 2011_026_021]

Table of contents

SECTION TITLE

TABLE OF CONTENTS

CHAPTER 1. DEFINITIONS, PURPOSE AND INTERPRETATION OF ACT
1.  Definitions
2.  Purposes of Act
3.  Interpretation

CHAPTER 2. NATIONAL SKILLS AUTHORITY
4.  Establishment of National Skills Authority
5.  Functions of National Skills Authority
6.  Composition of National Skills Authority and term and vacation of office
7.  Constitution of National Skills Authority
8.  Remuneration and administration of National Skills Authority

CHAPTER 3. SECTOR EDUCATION AND TRAINING AUTHORITIES
9.  Establishment of SETA
9A. Amalgamation and dissolution of SETAs [...inserted by Act 2003_031_005]
9B. Incorporation of subsector into SETA [...inserted by Act 2011_026_007]
10.  Functions of SETA
10A. SETAs to conclude service level agreements [...inserted by Act 2003_031_007]
11.  Composition of Accounting Authority of SETA [...amended by Act 2011_026_009 - was entitled "Composition of SETA"]
11A. Eligibility to become member of Accounting Authority [...inserted by Act 2011_026_010]
11B. Vacation of office by members of Accounting Authority [...inserted by Act 2011_026_010]
11C. Disclosure of conflict of interests [...inserted by Act 2011_026_010]
12.  Chambers of SETA
13.  Constitution of SETA
13A. Conduct of Accounting Authority member or staff member [...inserted by Act 2011_026_012]
13B. Appointment of Chief Executive Officer [...inserted by Act 2011_026_012]
14.  Finances of SETA
14A. Minister may issue written instructions to SETAs [...inserted by Act 2003_031_010]
15.  Taking over administration of SETA

CHAPTER 4. LEARNERSHIPS
16.  Learnerships
17.  Learnership agreements
18.  Contract of employment with learner
19.  Disputes about learnerships

CHAPTER 5. SKILLS PROGRAMMES
20. Skills programmes
21.  Disputes

CHAPTER 6. ADMINISTRATION ACT [...was entitled, last first, "Institutions in Department of Labour and Employment Services"; "Institutions in Department of Labour and regulation of private employment services agencies", and “Institutions in Department of Labour”]
22.  Administration of Act by Department [...was entitled "Skills Development Planning Unit"]
23.  Functions of provincial offices [...amended by Act 2011_026_016 - was entitled "Employment services"]
24.  [...repealed by Act 2011_026_017 - was entitled "Registration of persons that provide employment services"]
25.  [...was entitled “Cancellation of registration of employment service”] [...repealed by Act 2011_026_018 - was entitled "Cancellation of registration of private employment services agency"]
26.  [...repealed by Act 2011_026_019 - was entitled "Appeal against Director-General's decision"]

CHAPTER 6A. ARTISAN DEVELOPMENT
26A.  National artisan moderation body [...inserted by Act 2008_037_011]
26B.  Appeal against Director-General's decision [...inserted by Act 2008_037_011]
26C.  National register of artisans [...inserted by Act 2008_037_011]
26D.  Trade tests [...inserted by Act 2008_037_011]

CHAPTER 6B. SKILLS DEVELOPMENT STUDIES
26E.  Skills development institutes [...inserted by Act 2008_037_011]

CHAPTER 6C. QUALITY COUNCIL FOR TRADES AND OCCUPATIONS
26F.  Policy on occupational standards and qualifications [...inserted by Act 2008_037_011]
26G.  Establishment of QCTO [...inserted by Act 2008_037_011]
26H.  Functions of QCTO [...inserted by Act 2008_037_011]
26I.  Delegation of functions [...inserted by Act 2008_037_011]
26J.  Regulations regarding occupational standards and qualifications [...inserted by Act 2008_037_011]

CHAPTER 6D. WORKPLACE PRODUCTIVITY AND COMPETITIVENESS
26K.  [...inserted by Act 2008_037_011] [...repealed by Act 2011_026_021 - was entitled "Establishment of Productivity South Africa"]
26L.  [...inserted by Act 2008_037_011] [...repealed by Act 2011_026_022 - was entitled "Functions of Productivity South Africa"]
26M.  [...inserted by Act 2008_037_011] [...repealed by Act 2011_026_023 - was entitled "Finances of Productivity South Africa"]
26N.  [...inserted by Act 2008_037_011] [...repealed by Act 2011_026_021 - was entitled "Regulations regarding workplace productivity and competitiveness"]

CHAPTER 7. FINANCING SKILLS DEVELOPMENT
27.  National Skills Fund
28.  Use of money in Fund [...was entitled "Use of money in National Skills Fund"]
29. Control and administration of Fund [..was entitled "Control and administration of National Skills Fund"]
30. Budget for training by public service employers
30A. Budget for training by national and provincial public entities [...inserted by 1999_009_023]

CHAPTER 8. GENERAL
30B. National standard of good practice in skills development [...inserted by Act 2003_031_021]
31. Jurisdiction of Labour Court
32. Monitoring, enforcement and legal proceedings
33. Offences
34. Penalties
35. Delegations
36. Regulations
37. Repeal of laws and transitional provisions
38. Act binds State
39. Short title and commencement
Sch. 1. SCHEDULE 1. REPEAL OF LAWS (SECTION 37(1)) [s1; s37]
Sch. 2. SCHEDULE 2. TRANSITIONAL PROVISIONS (SECTION 37(2))
Sch. 2A. SCHEDULE 2A. TRANSITIONAL PROVISIONS: SKILLS DEVELOPMENT AMENDMENT ACT, 2008 [s37][...inserted by Act 2008_037_016]
Sch. 3. SCHEDULE 3. COMPOSITION AND CONSTITUTION OF QCTO [s26G]  [...inserted by Act 2008_037_016]
Sch. 4. [...inserted by Act 2008_037_016] [...repealed by Act 2011_026_028 - was entitled "SCHEDULE 4. COMPOSITION AND CONSTITUTION OF PRODUCTIVITY SOUTH AFRICA"

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 1998_097_000_19981102 EXT.LINK REQ.INFO LINK
As amended by Act 1999_099_000_19990430 N/A REQ.INFO LINK
As amended by Act 2003_031_000_20031114 N/A REQ.INFO LINK
As amended by Act 2008_037_000_20081201 N/A REQ.INFO LINK
As amended by Act 2010_026_000_20101207 N/A REQ.INFO LINK
As amended by Act 2011_026_000_20120515 N/A REQ.INFO LINK
As amended by Act 2014_004_000_20140407 N/A REQ.INFO LINK

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