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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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_20120515]
Table of contents
Legislation Text Access Point
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_20120515]
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_20031114] |
| 9B. | Incorporation of subsector into SETA [...inserted by Act 2011_026_007_20120515] |
| 10. | Functions of SETA |
| 10A. | SETAs to conclude service level agreements [...inserted by Act 2003_031_007_20031114] |
| 11. | Composition of Accounting Authority of SETA [...amended by Act 2011_026_009_20120515 - was entitled "Composition of SETA"] |
| 11A. | Eligibility to become member of Accounting Authority [...inserted by Act 2011_026_010_20120515] |
| 11B. | Vacation of office by members of Accounting Authority [...inserted by Act 2011_026_010_20120515] |
| 11C. | Disclosure of conflict of interests [...inserted by Act 2011_026_010_20120515] |
| 12. | Chambers of SETA |
| 13. | Constitution of SETA |
| 13A. | Conduct of Accounting Authority member or staff member [...inserted by Act 2011_026_012_20120515] |
| 13B. | Appointment of Chief Executive Officer [...inserted by Act 2011_026_012_20120515] |
| 14. | Finances of SETA |
| 14A. | Minister may issue written instructions to SETAs [...inserted by Act 2003_031_010_20031114] |
| 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 [...Title amended by Act 2003_031_015_20031114 - was entitled “Institutions in Department of Labour”] [... Title amended by Act 2008_037_008_20081201 - was entitled "Institutions in Department of Labour and regulation of private employment services agencies"] [... Title amended by Act 2011_026_014_20120328 - was entitled "Institutions in Department of Labour and Employment Services"; | |
| 22. | Administration of Act by Department [...Title amended by Act 2008_037_009_20081201 - was entitled "Skills Development Planning Unit"] |
| 23. | Functions of provincial offices [...amended by Act 2011_026_016_20120515 - was entitled "Employment services"] |
| 24. | ... [...repealed by Act 2011_026_017_20120515 - was entitled "Registration of persons that provide employment services"] |
| 25. | ... [...Title amended by Act 2003_031_016_20031114 - was entitled “Cancellation of registration of employment service”] [...repealed by Act 2011_026_018_20120515 - was entitled "Cancellation of registration of private employment services agency"] [... re-repealed by Act 2014_004_053_20140407 Sch1]** |
| 26. | ... [...repealed by Act 2011_026_019_20120515 - was entitled "Appeal against Director-General's decision"] |
| CHAPTER 6A. ARTISAN DEVELOPMENT | |
| 26A. | National artisan moderation body [...inserted by Act 2008_037_011_20081201] |
| 26B. | Appeal against Director-General's decision [...inserted by Act 2008_037_011_20081201] |
| 26C. | National register of artisans [...inserted by Act 2008_037_011_20081201] |
| 26D. | Trade tests [...inserted by Act 2008_037_011_20081201] |
| CHAPTER 6B. SKILLS DEVELOPMENT STUDIES | |
| 26E. | Skills development institutes [...inserted by Act 2008_037_011_20081201] |
| CHAPTER 6C. QUALITY COUNCIL FOR TRADES AND OCCUPATIONS | |
| 26F. | Policy on occupational standards and qualifications [...inserted by Act 2008_037_011_20081201] |
| 26G. | Establishment of QCTO [...inserted by Act 2008_037_011_20081201] |
| 26H. | Functions of QCTO [...inserted by Act 2008_037_011_20081201] |
| 26I. | Delegation of functions [...inserted by Act 2008_037_011_20081201] |
| 26J. | Regulations regarding occupational standards and qualifications [...inserted by Act 2008_037_011_20081201] |
| CHAPTER 6D. WORKPLACE PRODUCTIVITY AND COMPETITIVENESS | |
| 26K. | ... [...inserted by Act 2008_037_011_20081201] [...repealed by Act 2011_026_021_20120515 - was entitled "Establishment of Productivity South Africa"] |
| 26L. | ... [...inserted by Act 2008_037_011_20081201] [...repealed by Act 2011_026_022_20120515 - was entitled "Functions of Productivity South Africa"] |
| 26M. | ... [...inserted by Act 2008_037_011_20081201] [...repealed by Act 2011_026_023_20120515 - was entitled "Finances of Productivity South Africa"] |
| 26N. | ... [...inserted by Act 2008_037_011_20081201] [...repealed by Act 2011_026_021_20120515 - was entitled "Regulations regarding workplace productivity and competitiveness"] |
| CHAPTER 7. FINANCING SKILLS DEVELOPMENT | |
| 27. | National Skills Fund |
| 28. | Use of money in Fund [..Title amended by Act 2008_037_012_20081201 by way of unmarked omission and unmarked insertion - was entitled "Use of money in National Skills Fund"] |
| 29. | Control and administration of Fund [..Title amended by Act 2008_037_013_20081201 by way of unmarked omission and unmarked insertion - 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_19990430] |
| CHAPTER 8. GENERAL | |
| 30B. | National standard of good practice in skills development [...inserted by Act 2003_031_021_20031114] |
| 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)) [s1; s37] |
| Sch. 2A. | SCHEDULE 2A. TRANSITIONAL PROVISIONS: SKILLS DEVELOPMENT AMENDMENT ACT, 2008 [s37] [...inserted by Act 2008_037_016_20081201] |
| Sch. 3. | SCHEDULE 3. COMPOSITION AND CONSTITUTION OF QCTO [s26G] [...inserted by Act 2008_037_016] |
| Sch. 4. | ... [s26K} [...inserted by Act 2008_037_016_20081201] [...repealed by Act 2011_026_028_20120515 - was entitled "SCHEDULE 4. COMPOSITION AND CONSTITUTION OF PRODUCTIVITY SOUTH AFRICA"] |
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| As unamended Act 1998_097_000_19981102 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1999_009_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 |
| As amended by ... | N/A | REQ.INFO | LINK |
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