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

Chapter 3 : Sector Education and Training Authorities

9. Establishment of SETA


(a) The Minister may, by notice in the Gazette and for a period specified in the notice, establish a sector education and training authority with a constitution contemplated in section 13 for any national economic sector, having regard to any relevant SIC code.
(b) The Minister may in the manner contemplated in paragraph (a) re-establish the sector education and training authority contemplated in that paragraph when the period contemplated in that paragraph has lapsed.

[Section 9(1) amended by section 5 of Act No. 26 of 2011]


(2) The Minister must determine a discrete sector for the purposes of subsection (1) by reference to categories of employers and for the purposes of that determination take into account—
(a) the education and training needs of employers and employees that—
(i) use similar materials, processes and technologies;
(ii) make similar products; or
(iii) render similar services;
(b) the potential of the proposed sector for coherent occupational structures and career pathing;
(c) the scope of any national strategies for economic growth and development;
(d) the organisational structures of the trade unions, employer organisations and government in closely related sectors;
(e) any consensus that there may be between organised labour, organised employers and relevant government departments as to the definition of any sector; and
(f) the financial and organisational ability of the proposed sector to support a SETA.


(3) On the establishment of a SETA, the Minister may provide assistance to the SETA to enable it to perform its functions.


(4) The Minister may, after consulting the National Skills Authority and the SETAs in question and subject to subsection (2), change the sector of a SETA and must publish a notice in the Gazette reflecting such change.

[Section 9(4) inserted by section 4 of Act No. 31 of 2003]