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

Regulations

Regulations for the Establishment of the National Apprenticeship and Artisan Development Advisory Body as a Legal Body for Apprenticeship and Artisan Development Consultation

Chapter 1 : Definitions, Acronyms and Purpose

1. Definitions

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In these Regulations, any word or expression to which a meaning has been assigned in the Act bears the meaning so assigned and, unless the context indicates otherwise—

 

“Minister”

means Minister of the Department of Higher Education and Training;

 

“Director-General”

means Director-General of the Department of Higher Education and Training;

 

“DHET”

means the Department of Higher Education and Training;

 

“INDLELA”

means the Chief Directorate National Artisan Development located at Olifantsfontein, Gauteng;

 

“SETA”

means Sector Education Training Authority established in terms of section 9 of this Act;

 

“TVET College”

means a public Technical and Vocational Education and Training College established in terms of Further Education and Training Colleges Act, Act 16 of 2006.

 

“Artisan”

means a person that has been certified as competent to perform a listed trade in accordance with the Skills Development Act No.97 of 1998;

 

“Apprenticeship”

means a learnership in respect of a listed trade, and includes a trade-test in respect of that trade;

 

“Learner”

means an apprentice;

 

“Prescribed”

means prescribed by regulation;

 

“Employee”

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;

 

“Employer”

A person who is contractually bound to a worker - the employee - to give that worker money as a salary or wages, in exchange for ongoing work and for which the employer directs the work and exercises fundamental control over the work.

 

“Learning programme”

includes a learnership, an apprenticeship, a skills programme and any other prescribed learning programme which includes a structured work experience component;

 

“National Skills Fund”

means the National Skills Fund established by section 27 of skills development act;

 

“Occupational qualification”

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;

 

“Government Department”

means any department or organisational component referred to in Schedule 1 or 2 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

“Organised Business’’

means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and employees or trade unions;

 

“Organised Labour”

means an association of workers united as a single, representative entity for the purpose of improving the workers' economic status and working conditions through collective bargaining with employers;

 

“National Skills Authority”

means the National Skills Authority established by section 4 of the Skills Development Act 97 of 1998;

 

“National Qualifications Framework”

means the National Qualifications Framework contemplated by the National Qualifications Framework Act, 2008;

 

“NAD”

means National Artisan Development

 

“QCTO”

means the Quality Council for Trades and Occupations

 

“Professional or Occupational bodies”

means a statutory structure formed on the basis of organising its members with similar interest on a specific profession or occupation or trade.