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Marius Scheepers & Company Attorneys |
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Regulations regarding the Establishment of
Sector Education and Training Authorities (updated 01/03) Published
under GN R1082 in GG 20442
of 7 September 1999 I, Membathisi Mphumzi
Shepherd Mdladlana, Minister of Labour, after consultation with the National
Skills Authority, hereby, in terms of section 36 read with section 9 (1) of
the Skills Development Act, 1998 (Act 97 of 1998) make regulations in the
Schedule. M M S MDLADLANA Schedule 1 Definitions In these regulations any
word or expression to which a meaning has been assigned in the Skills
Development Act (Act 97 of 1998) shall have such a meaning unless the context
otherwise indicates, and ‘the Act’ means the Skills Development Act (Act 97
of 1998). 2 Application for establishment as SETA (1) Any body, which consists of the members contemplated in section 11
of the Act, may apply to the Minister to be established in terms of section 9
(1) of the Act as a SETA. (2) An application in terms of subregulation (1) must include- (a) the name
of the proposed SETA, the physical address of its main office and contact
particulars of the persons submitting the application on behalf of the body
in question; (b) the scope
of coverage of the proposed SETA according to the list of national economic
sectors as determined by the Minister in terms of section 9 (2) of the Act; (c) the
constitution of the proposed SETA which specifies the matters referred to in
section 13 (3) (a) (i) to (xii) of the Act; (d) a
business plan of the proposed SETA for the period 1 April 2000 to 31 March
2001, which outlines- (i) an organisational structure; (ii) a quality management system; (iii) functions of the proposed SETA envisaged
to be delegated as contemplated in section 13 (3) (b) (i) of the Act; (iv) programmes and other activities that the
proposed SETA aims to undertake to perform the functions contemplated in
section 10 of the Act; (v) proposed interaction of the SETA with all
provinces; (vi) financial projection of the proposed SETA;
and, (e) description of the consultation which
was undertaken with regard to the establishment of the body as a SETA,
indicating- (i) the nature of all
consultative processes; (ii) a list of stakeholders that were
consulted; and (iii) the consensus reached in the consultation. (3) An application in terms of subregulation (1)
must be submitted before 12:00 noon on 12 November 1999 or such other time as
the Minister may determine from time to time, by- (a) sending it per registered mail to: The Executive Officer or (b) delivering it at: Department of Labour (4) (a)
If an application to establish a SETA does not comply with subregulation
(2), the Minister may refer the application back to the applicant for
rectification and indicate in which respects the application does not so
comply. (b) Upon rectification of
the application the applicant may resubmit the rectified application to the
Minister. 3 Establishment of SETA (1) The Minister may direct the Director General to invite by notice
in the Gazette interested parties to comment on an application made in
terms of regulation 2 within 30 days from the date of publication of the
notice. (2) After consultation with the National Skills Authority and
considering every comment received pursuant to a notice published in terms of
subregulation (1), the Minister may establish a SETA for the national
economic sector or sectors applied for by issuing a certificate of
establishment as a SETA. (3) A certificate of establishment as a SETA is valid for a period of
60 months from the date on which it was issued. 4 Renewal of certificate of establishment (1) A SETA may apply to Minister for a renewal of its certificate of
establishment as a SETA at least 12 months before the expiry date of the
certificate of establishment. (2) If the Minister is of the opinion that a SETA applying for a
renewal of its certificate of establishment is not complying or is unable to
comply with any provisions of the Act or these regulations, the Minister may
extend the period of 60 months by such additional period as he or she
considers necessary to enable the SETA to comply with the relevant requirements
in full. (3) If the Minister extends the period of 60 months in terms of
subregulation (2), the relevant SETA must submit again an application for
renewal at least 12 months, or such shorter period as the Minister may
determine, before the expiry of the period so extended. (4) Regulations 2 and 3 apply with changes required by context to an
application for renewal.
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