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


Notice of Abolition of Industry Training Boards established under sections 12A and 12B of the Manpower Training Act, 1981

Guidelines regarding the Abolition of Industry Training Boards established in terms of section 12A and 12B of the Manpower Training Act, 1981

Annexure to the Industry Training Board Abolition Guidelines

2. Definitions and Interpretation


2.1 In this Deed, the following words and expressions shall have the following meanings, unless otherwise stipulated or indicated by the context -


2.1.1 "Act" means the Skills Development Act 97 of 1998 as well as all regulations promulgated in terms thereof and the terms Act and Skills Development Act shall be used interchangeably in this deed;


2.1.2 "this Deed" means this Deed as specified in the preamble to this Deed, together with all annexures attached hereto;


2.1.3 "Assets" means all the corporeal and incorporeal assets of the training Board. Assets include, without limiting the generality of the foregoing, all movable, fixed, or immovable property corporeal or incorporeal, cash deposits, book debts, intellectual property rights, executory contracts, training schemes, loans deeds and investments, as contained in Annexure One hereto;


2.1.4 "Board Members" means the members of the Board of a Training Board accredited in terms of the Manpower Training Act (Act 56 of 1981), as repealed;


2.1.5 "Book Debts" means all book and other trade debts accrued or accruing and due to the Training Board as at the Effective Date, as contained in Annexure Five hereto;


2.1.6 "Business" means the whole of the activities conducted by the Training Board in terms of the Manpower Training Act at the Effective Date;


2.1.7 "Business Day" means any calender day (other than a Saturday) on which commercial banks are open for business;


2.1.8 "Date of Signature" means the date of signature of this Deed by the last party to sign this Deed;


2.1.9 "Disclosure Schedule" means the disclosure schedule to be delivered by the Training Board to the SETA pursuant to the signature of this Deed, containing all lists, descriptions, exceptions and other information disclosed by the Training Board; See Annexure Six.


2.1.10 "Effective Date" means the date of abolition of the ITB in terms of item 4(3) of Schedule 2 of the Act, being the date upon which the assets, rights, liabilities and obligations will be transferred from the Training Board to the SETA notwithstanding the Date of Signature;


2.1.11 "Effective Date Statements" means the financial statements of the Training Board consolidated in respect of the Business for the period ending at the date of abolition attached hereto as Annexure Seven;


2.1.12 "Fund" means a fund established in terms of Section 39(4) of the Manpower Training Act in order to fund a scheme created for the training of employees;


2.1.13 "Government" means the Government of the Republic of South Africa;


2.1.14 "Industry Training Board (ITB)" Shall have a similar definition referred to in the guidelines as defined in clause 2.1.20 hereunder;


2.1.15 "Intellectual Property" means all copyright in training (where applicable) modules and training material, trade names, defensive names, trade marks, patents, logos, designs, software licences and any other intellectual property rights used in connection with the Business as at the Effective Date, whether registered or unregistered, including all applications and rights to apply for assigning the same, including those listed in Annexure Eight attached hereto;


2.1.16 "Liabilities" means all claims against the Training Board including current, medium and long term liabilities, outstanding as at the Effective Date as listed in Annexure Three hereto;


2.1.17 "LRA" means the Labour Relations Act, No. 66 of 1995;


2.1.18 "Minister" means the Minister of Labour;


2.1.19 "Obligations" means the legal duty and responsibility owed by a Training Board in respect of; employees in terms of employment contracts; apprentices in terms of apprenticeship contracts; students in terms of any bursary schemes; any other scheme related to training but not limited to learnerships schemes or projects as listed in annexure seven hereto; Outstanding contracts.


2.1.20 "Guidelines" means the guidelines published by the Minister to guide the abolition of purposes of this deed unless stated other wise, specifically the Regulations for the Abolition of the Industrial Training Boards;


2.1.21 "Rights" means all actions, entitlements and claims in favour of a Training Board has which are transferred to the SETA in terms of this deed, listed in Annexure Two hereto;


2.1.22 "Third Parties" means all parties who have concluded agreements with ITB’s and whose interests are adversely affected by the transfer of Assets, Rights, Liabilities and Obligations;


2.1.23 Any reference to the singular shall include the plural and vice versa;


2.1.24 A reference to any gender shall include the other genders;


2.1.25 Any reference to natural persons shall include legal persons and vice versa.


2.2 The headings of clauses in this Deed are for reference purposes only and shall not be taken into account in construing the contents hereof;


2.3 If any provisions in a definition is a substantive provision conferring rights or imposing obligations on any party effect shall be given to it as if it was a substantive clause in the body of the Deed notwithstanding that it is only contained in this clause;


2.4 If any period is referred to in this Deed by way of a reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day. If the last day fall on a day which is not a Business Day, then the last day of the said period shall fall on the next succeeding Business Day;


2.5 Words and expressions defined in any sub-clause shall for purposes of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause;


2.6 This document and the schedules together constitute one indivisible transaction and shall be interpreted as such.