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

Chapter 3 : Sector Education and Training Authorities

10A. SETAs to conclude service level agreements

 

(1) For each financial year, every SETA must conclude with the Director-General a service level agreement concerning—
(a) the SETA’s performance of its functions in terms of this Act and the national skills development strategy;
(b) the SETA’s annual business plan;

[Section 10A(1)(b) amended by section 8 of Act No. 26 of 2011]

(c) any assistance that the Director-General is to provide to the SETA in order to enable it to perform its functions; and

[Section 10A(1)(c) amended by section 8 of Act No. 26 of 2011]

(d) any assistance that the SETA is to provide in terms of this Act to assist the Minister in complying with his or her responsiblity in accordance with the policy determined by the President of the Republic relating to service delivery and relating to the functions of the relevant SETA.

[Section 10A(1)(d) inserted by section 8 of Act No. 26 of 2011]

 

(2) If the Director-General and a SETA cannot agree on the contents of a service level agreement within the prescribed period, the Minister must determine the contents of the service level agreement after consulting the National Skills Authority.

 

(3) The determination by the Minister in respect of a service level agreement is final and binding.

 

(4) The Minister must, after consultation with the National Skills Authority, make regulations concerning—
(a) the procedure for negotiating a service level agreement, including the periods within which negotiations must be conducted;
(b) the matters which may be dealt with in a service level agreement and which may include—
(i) standards, criteria and targets for measuring and evaluating the SETA’s performance of its functions in terms of the Act and its obligations in terms of the national skills development strategy; and
(ii) the timetable, number, format, contents and information requirements of plans and reports to be submitted to the Director-General.

 

[Section 10A inserted by section 7 of Act No. 31 of 2003]