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


Constitution of the Local Government Sector Education and Training Authority (LGSETA)

4. Functions of Authority


4.1 Authority must perform certain functions


The Authority must, in accordance with any requirements that may be prescribed:

4.1.1 Develop a sector skills plan within the framework of the national skills development strategy.
4.1.2 Implement its sector skills plan by establishing learnerships, approving workplace skills plans, and allocating grants in the prescribed manner and in accordance with any prescribed standards and criteria to employers, education and training providers and workers.
4.1.3 Promote learnerships by identifying workplaces for practical work experience, supporting the development of learning materials, improving the facilitation of learning, and assisting in the conclusion of learnership agreements.
4.1.4 Register learnership agreements.
4.1.5 Perform the functions of a body contemplated in section 5(1)(a)(ii)(bb) of the South African Qualifications Authority Act.
4.1.6 Perform such functions as may be assigned to it by the South African Qualifications Authority.
4.1.7 Subject to sections 7, 9 and 10 of the Skills Development Levies Act, disburse the skills development levies in its sector.
4.1.8 Liaise with the National Skills Authority on the national skills development policy, the national skills development strategy, and its sector skills plan.
4.1.9 Submit to the Director-General any budgets, reports and financial statements on its income and expenditure that it is required to prepare in terms of the Public Finance Management Act and plans and reports on the implementation of its sector skills plan and service level agreement.
4.1.10 Liaise with the employment services of the Department and relevant education bodies established under any law regulating education in the Republic to improve information about employment opportunities, and between education and training providers and the labour market.
4.1.11 Subject to section 14 of the Act, appoint the Chief Executive Officer and staff necessary for the performance of its functions.
4.1.12 Promote the national standard established in terms of section 30(B) of the Act.
4.1.13 Conclude with the Director-General a service level agreement concerning the Authority’s performance of its functions in terms of the Act and the national skills development strategy, the Authority’s annual strategic plan and any assistance that the Director-General will provide to the Authority to enable it to perform its functions and.
4.1.14 Perform any other duties imposed by the Act or the Skills Development Levies Act or consistent with the purposes of this Act.


4.2 The Authority may perform certain functions


The Authority may:

4.2.1 Adopt general and specific policies to promote the achievement of such objectives and functions as contemplated in clauses 3 and 4;
4.2.2 Exercise any other powers conferred on the Authority by the Act, the Skills Development Levies Act or this Constitution; and
4.2.3 Make decisions on any matter related to the performance of its functions on which this Constitution is silent.


4.3 Delegation of powers and functions


4.3.1 The Authority, subject to any conditions that it may impose, may delegate any of its powers or functions to: The Executive Committee. Any Provincial Committee. Any other committee of the Authority or; Its members and employees.
4.3.2 Every delegation by the Authority must be in writing, setting out the terms and conditions of such delegation, and must be recorded in book of record.
4.3.3 The Authority is not divested of any power, duty or function by virtue of the delegation and may vary or set aside any decision made under any delegation.
4.3.4 The Authority may delegate particular powers, duties or functions to certain Provincial Committees and not to others.