Skills Development Act, 1998 (Act No. 97 of 1998)Chapter 1 : Definitions, Purpose and Application of Act1. Definitions |
In this Act, unless the context otherwise indicates—
means the Accounting Authority of a SETA contemplated in section 11;
[Definition inserted by section 1(a) of Act No. 26 of 2011]
means a learnership in respect of a listed trade, and includes a trade-test in respect of that trade;
[Definition inserted by section 1(a) of Act No. 37 of 2008]
means a person that has been certified as competent to perform a listed trade in accordance with this Act;
[Definition inserted by section 1(a) of Act No. 37 of 2008]
means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);
means the Chairperson of the Accounting Authority;
[Definition inserted by section 1(b) of Act No. 26 of 2011]
means the Department of Higher Education and Training, except in—
| (a) | sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with respect to Productivity South Africa established by section 26K), 22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2), 36(o), (p) and (q), item 7 of Schedule 2A and Schedule 4; and |
| (b) | sections 32(1), 33 and 36 (a) and (s) and any other provision to the extent that these provisions apply to 'employment services' defined in section 1 or to Productivity South Africa established by section 26K, but excluding section 23(1)(b) and (c), |
where it means the Department of Labour;
[Definition amended by section 4(a) of Act No. 26 of 2010]
means black people, women and people with disabilities;
[Definition inserted by section 1(a) of Act No. 31 of 2003]
means the Director-General of Higher Education and Training;
[Definition amended by section 4(b) of Act No. 26 of 2010]
means—
| (a) | any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; or |
| (b) | any other person who in any manner assists in carrying on or conducting the business of an employer, |
and "employed" and "employment" have corresponding meanings;
[Definition deleted by section 53(1), Schedule 1, of Act No. 4 of 2014]
means any department or organisational component referred to in Schedule 1 or 2 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);
means the Labour Court established by section 151 of the Labour Relations Act, 1995 (Act No. 66 of 1995);
includes an apprentice;
[Definition inserted by section 1(b) of Act No. 37 of 2008]
includes an apprenticeship;
[Definition inserted by section 1(b) of Act No. 37 of 2008]
means the acquisition of knowledge, understanding, values, skill, competence or experience;
[Definition inserted by section 1(b) of Act No. 37 of 2008]
includes a learnership, an apprenticeship, a skills programme and any other prescribed learning programme which includes a structured work experience component;
[Definition inserted by section 1(b) of Act No. 37 of 2008]
means the Minister of Higher Education and Training, except in—
| (a) | sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with respect to Productivity South Africa established by section 26K), 22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2), 36(o), (p) and (q), item 7 of Schedule 2A and Schedule 4; and |
| (b) | sections 32(1), 33 and 36 (a) and (s) and any other provision to the extent that these provisions apply to 'employment services' defined in section 1 or to Productivity South Africa established by section 26K, but excluding section 23(1)(b) and (c), |
where it means the Minister of Labour;
[Definition amended by section 4(c) of Act No. 26 of 2010]
means the National Qualifications Framework contemplated by the NQF Act;
[Definition amended by section 1(d) of Act No. 26 of 2011]
means the National Skills Authority established by section 4;
means the national skills development policy referred to in section 5(1)(a)(i);
means the national skills development strategy referred to in section 5(1)(a)(ii);
means the National Skills Fund established by section 27;
means the National Economic Development and Labour Council established by section 2 of the National Economic Development and Labour Council Act, 1994 (Act No. 35 of 1994);
means the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
(Definition inserted by section 1(e) of Act No. 26 of 2011)
means a qualification associated with a trade, occupation or profession resulting from work-based learning and consisting of knowledge unit standards, practical unit standards and work experience unit standards;
[Definition inserted by section 1(d) of Act No. 37 of 2008]
means the sub-framework for occupational qualifications which forms an integral part of the National Qualifications Framework;
[Definition inserted by section 1(d) of Act No. 37 of 2008]
| (a) | means any employers' organisation in the sector in question that is registered in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other association of employers in that sector that represents the interests of its members as employers; and |
| (b) | includes a State Department referred to in Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), as an employer in that sector; |
[Definition inserted by section 1(f) of Act No. 26 of 2011]
means placing an individual in a placement opportunity, with due regard to the Code of Good Practice on the Integration of Employment Equity in Human Resources Policies and Practices in terms of the Employment Equity Act, 1998 (Act No. 55 of 1998);
[Definition inserted by section 1(e) of Act No. 37 of 2008]
means any opportunity for work or learning that could be offered to an individual and includes a vacancy for employment, an opportunity for self-employment, a learning programme and community service;
[Definition inserted by section 1(e) of Act No. 37 of 2008]
means prescribed by regulation;
means any person that provides employment services for gain;
[Definition inserted by section 1(c) of Act No. 31 of 2003]
means the Public Finance Management Act, 1999 (Act No. 1 of 1999);
[Definition inserted by section 1(c) of Act No. 31 of 2003]
means the Quality Council for Trades and Occupations established in terms of section 26G;
[Definition inserted by section 1(f) of Act No. 37 of 2008]
means a regulation made and in force in terms of this Act;
[Definition amended by section 1(d) of Act No. 31 of 2003]
means—
| (i) | the Manpower Training Act, 1981 (Act No. 56 of 1981); |
| (ii) | any law repealed by the Manpower Training Act, 1981, and any law repealed by such an Act; and |
| (iii) | any law listed in Schedule 1 to the Integration of Labour Laws Act, 1994 (Act No. 49 of 1994), dealing with training or skills development; |
[Definition inserted by section 1(g) of Act No. 37 of 2008]
means a service level agreement concluded in terms of section 10A;
[Definition inserted by section 1(e) of Act No. 31 of 2003]
means a sector education and training authority established in terms of section 9(1);
means a code contained in the Standard Industrial Classification of all Economic Activities published by Statistics South Africa;
[Definition inserted by section 1(g) of Act No. 26 of 2011]
means the Skills Development Levies Act, 1999;
[Definition amended by section 1 of Act No. 9 of 1999]
means a levy as defined in section 1 of the Skills Development Levies Act;
[Definition amended by section 1 of Act No. 9 of 1999]
means a provider of an occupational learning;
[Definition inserted by section 1(h) of Act No. 37 of 2008]
means the South African Qualifications Authority referred to in section 10 of the NQF Act;
[Definition amended by section 1(h) of Act No. 26 of 2011]
[Definition deleted by section 1(i) of Act No. 26 of 2011]
includes any regulations but does not include the footnotes; and
means an occupation for which an artisan qualification is required in terms of section 26B;
[Defintion inserted by section 1(i) of Act No. 37 of 2008]
includes an employee, an unemployed person and a work-seeker.