Amended Skills Development Act

(1)           A SETA must, in accordance with any requirements that may be prescribed –

(a) develop a sector skills plan within the framework of the national skills development strategy;

(b) implement its sector skills plan by-

(i)         establishing learnerships;

(ii)        approving workplace skills plans;

(iii)      allocating grants in the prescribed manner and in accordance with any prescribed standards and criteria to employers, education and training providers and workers; and

(iv)      monitoring education and training in the sector;

(c)  promote learnerships by –

(i)         identifying workplaces for practical work experience;

(ii)        supporting the development of learning materials;

(iii)      improving the facilitation of learning; and

(iv)      assisting in the conclusion of learnership agreements;

(d) register learnership agreements;

(e) within a week from its establishment, apply to the South African Qualifications Authority for accreditation as a body contemplated in section 5 (1) (a) (ii) (bb) and must, within 18 months from the date of that application, be so accredited;

(f)   when required to do so as contemplated in section 7(1) of the Skills Development Levies Act, collect the skills development levies, and must disburse the levies, allocated to it in terms of sections 8(3)(b) and 9(b), in its sector;

(g) liaise with the National Skills Authority on –

(i)         the national skills development policy;

(ii)        the national skills development strategy; and

(iii)      its sector skills plan;

(h) submit to the Director-General–

(i)         any budgets, reports and financial statements on its income and expenditure that it is required to prepare in terms of the Public Finance Management Act; and

(ii)        plans and reports on the implementation of its sector skills plan and service level agreement;

(i)   liaise with the employment services of the Department and any education body established under any law regulating education in the Republic to improve information –

(i)         about employment opportunities; and

(ii)        between education and training providers and the labour market;

(j)   subject to section 14, appoint staff necessary for the performance of its functions;

(jA)        (jA)  promote the national standard established in terms of section 30B; and

(k) perform any other duties imposed by this Act or the Skills Development Levies Act or consistent with the purposes of this Act.

(2)           A SETA has –

(a) all such powers as are necessary to enable it to perform its duties referred to in subsection (1); and

(b) the other powers conferred on the SETA by this Act or the Skills Development Levies Act.

(3)           A SETA must perform its functions in accordance with this Act, the Skills Development Levies Act and its constitution.

10A.     SETAs to conclude service level agreements

(1)           For each financial year, every SETA must conclude with the Director-General a service level agreement concerning –

(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 order to enable it to perform its functions.

(2)           If the Director-General and a SETA cannot agree on the contents of a service level agreement within the prescribed period, the Minister must determine the contents of the service level agreement after consulting the National Skills Authority.

(3)           The determination by the Minister in respect of a service level agreement is final and binding.

(4)           The Minister must, after consulting with the National Skill Authority, make regulations concerning –

(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)         standards, criteria and targets for measuring and evaluating the SETA’s performance of its functions in terms of the Act and its obligations in terms of the national skills development strategy; and

(ii)        the timetable, number, format, contents and information requirements of plans and reports to be submitted to the Director-General.