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

Constitutions

Constitution of the Mining Qualifications Authority (MQA)

1. Definitions
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In this Constitution unless the context indicates otherwise any word or expression to which a meaning has been assigned in the Skills Development Act, 1998, Act No 97 of 1998 has the meaning so assigned:

 

"alternate"

means any person appointed as an alternate to a member;

 

"Authority"

means the Mining Qualifications Authority;

 

"chairperson"

means the chairperson of the Authority or a committee;

 

"Chief Executive Officer"

means the Chief Executive Officer appointed in terms of clause 15.1 of this Constitution;

 

"committee"

means any standing committee, ad hoc committee or subcommittee of the Authority;

 

"consensus"

means unanimous agreement;

 

"constituencies"

means organised labour, organised employers and the relevant government department;

 

"employee"

means any person who is employed or working at a working place;

 

"employer"

means any person who employs an employee;

 

"establishing authority"

means:

(a)in the case of a committee, the Authority; and
(b)in the case of ad-hoc committees or subcommittees, the Authority or any committee that establishes the ad-hoc committee or subcommittee as the case may be;

 

"ETQA"

means Education, Training and Quality Assurance;

 

"learning"

means a process by which a person gains skills, knowledge and values;

 

"Levies Act"

means the Skills Development Levies Act, 1999 (Act No. 9 of 1999);

 

"member"

means any member of the Authority, or any committee and includes any alternate designated by such member to attend a meeting of the Authority of any committee on behalf of such member;

 

"Mine Health and Safety Act"

means the Mine Health and Safety Act, 1996 (Act No. 29 of 1996);

 

"Mine Health and Safety Regulations"

means the regulations contemplated in section 98 of the Mine Health and Safety Act;

 

"Minister"

means the Minister of Labour;

 

"National Qualifications Framework"

means the National Qualifications Framework as defined in section 1 of the SAQA Act;

 

"prescribed"

means prescribed by regulation as contemplated in section 36 of the Act;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999, (Act No. 1 of 1999);

 

"qualification"

means the formal recognition of the achievement of the required number and range of credits and such other requirements at specific levels of the National Qualifications Framework as may be proposed by the Mining Qualifications Authority and determined by the South African Qualifications Authority;

 

"relevant government department"

means the Department of Minerals and Energy;

 

"SAQA Act"

means the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

 

"sector"

means the sector for the Authority determined by the Minister as contemplated in section 9(2) of the Act;

 

"SMME’s"

means Small, Medium and Micro Enterprises;

 

"South African Qualifications Authority"

means the South African Qualifications Authority established by section 3 of the SAQA Act; and

 

"the Act"

means the Skills Development Act (Act No. 97 of 1998).