Skills Development Act, 1998 (Act No. 97 of 1998)
Constitution of the Mining Qualifications Authority (MQA)
The Mining Qualifications Authority (the "Authority") originally established by the Mine Health and Safety Act, (Act no 29 of 1996) (the "MHSA") 15 January 1997. It’s constitution was subsequently published in the Government Gazette by the Minister of Minerals and Energy on 24 April 1998 in terms of section 97(4) of the MHSA as Schedule 7 of that Act.
The Skills Development Act, (Act no 97 of 1998) (the "SDA") was passed by Parliament on 20th of October 1998. In order to avoid any unnecessary duplication of institutions responsible for education and training in the mining and minerals industry the Minister of Labour designated the Authority as the SETA for the mining and minerals industry on 20 March 2000 in terms of section 9 of the SDA. The Authority was therefore required to exercise its powers and functions under two distinct pieces of legislation (the MHSA and the SDA).
The SDA and MHSA were amended in 2003 to promote the effective performance of the Authority’s functions under both laws This amendment introduced item 4A (b) into Schedule 2 to the SDA, empowering the Minister of Labour, in consultation with the Minister of Minerals and Energy and after consulting the Authority, to amend Schedule 7 to the Mine Health and Safety Act, 1996 in order to bring the constitution of the Authority into line with the constitutions of other SETAs.
The Minister of Labour has, in accordance with Schedule 2 to the SDA, amended the constitution of the Authority as follows—