Amended Skills Development Act

(1)           The Minister may, in the prescribed manner, establish a sector education and training authority with a constitution for any national economic sector.

(2)           The Minister must determine a discrete sector for the purposes of subsection (1) by reference to categories of employers and for the purposes of that determination take into account –

(a) the education and training needs of employers and employees that –

(i)         use similar materials, processes and technologies;

(ii)        make similar products; or

(iii)      render similar services;

(b) the potential of the proposed sector for coherent occupational structures and career pathing;

(c)  the scope of any national strategies for economic growth and development;

(d) the organisational structures of the trade unions, employer organisations and government in closely related sectors;

(e) any consensus that there may be between organised labour, organised employers and relevant government departments as to the definition of any sector; and

(f)   the financial and organisational ability of the proposed sector to support a SETA.

(3)           On the establishment of a SETA, the Minister may provide assistance to the SETA to enable it to perform its functions.

(4)           The Minister may, after consulting the National Skills Authority and the SETAs in question and subject to subsection (2), change the sector of a SETA and must publish a notice in the Gazette reflecting such change.

9A.         Amalgamation and dissolution of SETAs

(1)           The Minister may, after consulting the National Skills Authority and the SETAs in question and subject to section 9(2), amalgamate two or more SETAs.

(2)           The Minister must approve a constitution for the amalgamated SETA.

(3)           The Minister must publish a notice in the Gazette containing –

(a) the date of the amalgamation

(b) the sector for which the amalgamated SETA is established; and

(c)  any other matter necessary to prescribe in order to establish the amalgamation.

(4)           On the establishment of the amalgamated SETA, all assets, rights, liabilities and obligations of the amalgamating SETAs devolve upon and vest in the amalgamated SETA.

(5)           The Minister may, after consulting the National Skills Authority and the SETA in question, dissolve a SETA if the SETA is unable to continue to perform its functions.

(6)           The Minister must publish a notice in the Gazette –

(a) containing the date of the dissolution of the SETA;

(a) setting out the manner in which, and by whom, the SETA is to be wound-up;

(b) setting out how any assets remaining after the winding-up of the SETA must be distributed; and

(c)  providing for any other matter necessary for the dissolution and winding-up of the SETA in question.

(7)           No transfer duty, stamp duty, fee or costs are payable in respect of the transfer of any assets, rights, liabilities or obligations between SETAs as contemplated in this section.

(8)           The Registrar of Deeds on presentation of proof of any transfer of immovable property contemplated in this section must endorse the title deeds accordingly and make the entries in the relevant register that are necessary to register the transfer.