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


SETA Work-Based Learning Programme Agreement Regulations, 2018



The Skills Development Act, 1998 (Act 97 of 1998 as amended) provides that a learning programme "includes a learnership, an apprenticeship, a skills programme and any other prescribed learning programme which includes a structured work experience component " (section 1). The Act requires a SETA, in accordance with any requirements that may be prescribed, to establish and promote learning programmes, assist in conclusion of agreements for learning programmes to the extent that is required, and register agreements for learning programmes to the extent that is required (section 10(1)(b)(i), (c)(iv) and (d)).


The Sector Education and Training Authorities (SETAs) Grant Regulations 2012, provide that "A key focus of SETAs must be to address scarce and critical skills through programmes that are designed to address such skills needs, and which includes work based learning" (Regulation 6(11)).


The purpose of the SETA Work-Based Learning Programme Agreement Regulations is to provide for—


(1) the addition of the terms "candidacy'', and "internship", which are common forms of work-based learning, are added to the definition of "learning programme" as included in Annexure A;


(2) the preparation, submission, registration and management of work-based learning programme agreements and the management of disputes and certain administrative arrangements; and


(3) the repeal of the Learnership Regulations published in Notice R. 519 (Government Gazette No. 30010) dated 29 June 2007 as a whole.