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


Constitution of the Health and Welfare Sector Education and Training Authority (HWSETA)

5. Powers and Functions of Authority


(1) Authority must perform certain functions


The Authority must, in accordance with any prescribed requirements—

(a) develop a sector skills plan within the framework of the national skills development strategy;
(b) implement its sector skills plan by establishing learnerships, approving workplace skills plans, allocating grants, and monitoring education and training in the Sector;
(c) 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;
(d) register Learnership Agreements;
(e) apply to SAQA for accreditation as a body contemplated in section 5(1)(a)(ii)(bb) of the South African Qualifications Authority Act, 1995 and, within 18 months from the date of that application, be so accredited;
(f) perform such functions as may be assigned to it by SAQA;
(g) subject to sections 7, 9 and 10 of the SDLA, disburse the skills development levies in its sector;
(h) liaise with the NSA on the national skills development policy, the national skills development strategy, and the sector skills plan;
(i) 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 PFMA, and plans and reports on the implementation of its sector skills plan and service level agreement;
(j) 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;
(k) appoint staff necessary for the performance of its functions; and
(l) perform any other functions and duties imposed by the Act, the SDLA, or this Constitution or consistent with the purposes of the Act or this Constitution.


(2) Authority may exercise certain powers


The Authority may—

(a) exercise all such powers as are necessary to enable it to perform its functions referred to in clause 5(1);
(b) accredit any relevant professional bodies or other bodies to perform quality assurance functions in accordance with the accreditation requirements stipulated by SAQA;
(c) make decisions on any matter related to the performance of its functions on which this Constitution is silent; and
(d) exercise any other powers conferred on it by the Act, the SDLA, or this Constitution.


(3) Delegation of powers and functions


(a) The Authority, subject to any conditions that it may impose, may delegate any of its functions—
(i) to the Executive Committee; or
(ii) to any other committee or structure of the Authority.
(b) Every delegation by the Authority must be in writing, setting out the terms and conditions of such delegation, and must be recorded in a book of record.
(c) 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.