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


Standard Constitution of SETA Regulations

6. Powers and Functions of SETA


(1)        SETA functions


The SETA must perform its functions in accordance with the Act, the SDLA, the PFMA, any other relevant legislation and this Constitution.


The SETA must, in accordance with any prescribed requirements—

(a) develop a Sector Skills Plan within the NSDS framework;
(b) implement its Sector Skills Plan by-
(i) establishing learning programmes;
(ii) approving work-place skills plans and annual training reports;
(iii) allocating grants, in the prescribed manner and in accordance with any prescribed standards and criteria, to employers, skills development providers and workers, and
(iv) by monitoring the quality of occupation-based learning in the Sector;
(c) promote occupation-based learning programmes that include work experience by—
(i) identifying workplaces for practical work experience;
(ii) supporting the development of learning materials;
(iii) improving the facilitation and assessment of learning; and
(iv) by assisting with conclusion of agreements for learning programmes;
(d) perform any function delegated to it by the QCTO in terms of section 261 of the Act;
(e) support and form partnerships with other agencies on matters related to skills development;
(f) when required to do so, as contemplated in section 7(1) of the SDLA, collect and disburse the skills development levies, allocated to it in terms of sections 8 and 9 of the SDLA, in its Sector;
(g) liaise with the National Skills Authority on—
(i) the national skills development policy;
(ii) the national skills development strategy; and
(iii) its sector skills plan;
(h) liaise with the provincial offices of the Department, the provincial skills development forums and any relevant education bodies, established in terms of any law regulating education and training in the Republic, to improve information about placement opportunities and between skills development providers and the labour market;
(i) formulate policies and procedures of the SETA;
(j) appoint the employees necessary for the performance of its functions;
(k) promote the national standard, established in terms of section 30B of the Act; and
(l) perform any other functions—
(i) imposed on it by the Act, the SDLA, any other relevant legislation and this constitution, or
(ii) that are consistent with the purposes of the Act, the SDLA, any other relevant legislation and this constitution.


(2) SETA powers


The SETA has all the powers referred to in section 10(2) of the Act and such other powers conferred on the SETA by the SDLA and this constitution.