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

Constitutions

Constitution of the Mining Qualifications Authority (MQA)

10. Functions
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10.1The Authority in terms of the Act must in accordance with any requirements that may be prescribed:
10.1.1develop a sector skills plan within the framework of the national skills development strategy;
10.1.2implement the sector skills plan by:
10.1.2.1approving workplace skills plans:
10.1.2.2establishing learnerships;
10.1.2.3allocating grants in the prescribed manner and in accordance with any prescribed standards and criteria to employers, education and training providers and workers; and
10.1.2.4monitoring education and training in the sector;
10.1.3promote learnerships by:
10.1.3.1identifying the relevant workplace where individuals can gain practical work experience;
10.1.3.2improving and supporting learning and the development of learning materials;
10.1.3.3assisting in the conclusion and registration of learnership agreements;
10.1.4liaise with the National Skills Authority and other SETAs on issues amongst others like:
10.1.4.1the national skills development strategy;
10.1.4.2skills development policy;
10.1.4.3its own sector skills plan.
10.1.5submit to the Director-General:
10.1.5.1any budgets, reports and financial statements on its income and expenditure that it is required to prepare in terms of the Public Finance Management Act; and
10.1.5.2plans and reports on the implementation of its sector skills plan and service level agreement;
10.1.6liaise with the employment services of the Department of Labour and educational councils established in terms of educational laws of South Africa in order to improve the quality of information:
10.1.6.1about employment opportunities;
10.1.6.2between education providers and the labour market;
10.1.7facilitate the involvement of the relevant government department in the activities of the Authority, inter alia by concluding a memorandum of understanding with the Director-General of the Department of Minerals and Energy, to:
10.1.7.1address the competency requirements for social delivery;
10.1.7.2address the learning needs of the most vulnerable segments of the sector;
10.1.7.3conclude a service level agreement with the Director-General of the Department of Labour for each financial year;
10.1.7.4promote the training of SMMEs to enable them to qualify for procurement contracts;
10.1.7.5promote the national standard established in terms of section 30B of the Act; and
10.1.7.6perform any other duties imposed by the Act or any other function not specifically mentioned, in order to fulfill the objectives of the Authority.

 

10.2The Authority must in terms of the Mine Health and Safety Act advise the Minister of Minerals and Energy on—
10.2.1qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education;
10.2.2standards and competency setting, assessment, examinations, quality assurance and accreditation in the mining industry; and
10.2.3proposals for the registration of education and training standards and qualifications in the mining industry on the National Qualifications Framework referred to in the South African Qualifications Authority Act.

 

10.3The Authority must in terms of the Mine Health and Safety Act—
10.3.1propose education and training standards and qualifications to bodies registered with the South African Qualifications Authority and responsible for developing education and training standards;
10.3.2generate education and training standards and qualifications in the mining industry;
10.3.3monitor and audit achievements in terms of those standards and qualifications;
10.3.4promote health and safety standards in the sector through proper education and training;
10.3.5accredit providers, assessors and moderators of education and training in the mining industry;
10.3.6analyse and prioritise education and training needs in the mining industry and recommend on the provision of such education and training;
10.3.7promote a culture of learning in the mining industry;
10.3.8assure the quality of education and training in the mining industry, without itself being a provider of education and training;
10.3.9facilitate strategic human resources development planning in the mining industry;
10.3.10liaise with the South African Qualifications Authority, or other bodies, persons or institutions concerned with or directly affected by education and training in the mining industry;
10.3.11keep a record of learning for people in the mining industry;
10.3.12perform any other function required by the South African Qualifications Authority in terms of the Authority’s registration or accreditation.

 

10.4The Authority may perform any other function that may be performed by the Authority in terms of the Act, that is consistent with the purposes of the Act, the Mine Health and Safety Act, the Levies Act or any other applicable law.