Amended Skills Development Act

(1)           For the purposes of this Chapter, a "skills programme" means a skills programme that –

(a) is occupationally based;

(b) when completed, will constitute a credit towards a qualification registered in terms of the National Qualifications Framework as defined in section 1 of the South African Qualifications Authority Act;

(c)  uses training providers referred to in section 17 (1) (c); and

(d) complies with any requirements that may be prescribed.

(2)           Any person that has developed a skills programme may apply to –

(a) a SETA with jurisdiction for a grant; or

(b) the Director-General for a subsidy.

(1)           The SETA or the Director-General may fund the skills programme if –

(a) it complies with –

(i)         subsection (1);

(ii)        any requirements imposed by the SETA or the Director-General; and

(iii)      any prescribed requirements; and

(b) it is in accordance with-

(i)         the sector skills development plan of the SETA; or

(ii)        the national skills development strategy; and

(c)  there are funds available.

(2)           A SETA or the Director-General may set any terms and conditions for funding in terms of subsection (3) that the SETA or the Director-General, as the case may be, considers necessary.

(3)           The SETA or the Director-General must monitor the skills programmes funded by the SETA or the Director-General, as the case may be.

(4)           A SETA or the Director-General that has made funds available for a skills programme may withhold funds or recover any funds paid if the SETA or the Director-General, as the case may be, is of the opinion that –

(a) the funds are not being used for the purpose for which they were made available;

(b) any term or condition of the funding is not complied with; or

(c)  the SETA or the Director-General, as the case may be, is not satisfied that the training is up to standard.