Skills Development Act, 1998 (Act No. 97 of 1998)

Notices

Notice of Abolition of Industry Training Boards established under sections 12A and 12B of the Manpower Training Act, 1981

Guidelines regarding the Abolition of Industry Training Boards established in terms of section 12A and 12B of the Manpower Training Act, 1981

Annexure to the Industry Training Board Abolition Guidelines

6. Indemnities
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6.1Indemnities by Government:
6.1.1The Government hereby indemnifies and holds the SETA harmless against all claims, actions, judgments, or any other judicial proceedings by any person arising from the abolishment of the Training Board that-
6.1.1.1any act or omission of the ITB, its Employees, agents or training providers during the performance of any work or training in the course of the Business of the Training Board, prior to the Effective Date, and prior to the Training Board’s abolishment;
6.1.1.2any liability of the Training Board, arising prior to the Effective Date and not reflected in the Effective Date Statements;
6.1.1.3any liability of the Training Board incurred between the Effective Date and the Date of Signature otherwise than in the ordinary and regular course of conduct of the business of the Training Board;
6.1.1.4any claims or liabilities (including claims or liabilities for consequential loss) as a result of any breach of contract occurring before the Effective Date;
6.1.1.5any licensing fees, penalties or the like in respect of computer software used and transferred by the ITB to the SETA in terms of the deed prior to the ITB’s abolishment;

 

6.2Indemnities by the SETA:
6.2.1The SETA shall indemnify the Minister from or against any and all losses and claims, suffered, incurred or sustained resulting from, arising out of or relating to any misrepresentation, breach of warranty, inaccuracy of any statement or non-fulfillment of/or failure to perform any covenant or deed on the part of the SETA contained in this Deed or any Deed concerning Third Parties, or the failure of any requirement to be fulfilled.