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


Sector Education and Training Authorities (SETAs) Grant Regulations

1. Definitions


In these Regulations, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned, unless the context otherwise indicates—


"administration costs"

means the costs relating to rent, heat, light, power, insurances, bank charges, audit fees, accounting fees, legal fees, postage, printing and stationery, documentation and books, advertising, reports, wages and salaries, travel expenses, staff training, purchase of computers and information systems, maintenance of computers and systems, general maintenance, hiring costs of photocopier, telephone and fax, meetings, land, non-residential buildings and improvements thereon, furniture and office equipment, other machinery and equipment, transport assets, consultancy fees including institutional research and sectoral research, quality assurance, promotional items, national skills development strategy conference expenses, recruitment expenses and any other reasonable administration costs approved by a SETA Accounting Authority;



means an annexure to these Regulations;



means the Annual Performance Plan as contemplated in regulation 3(7);



[Definition deleted by regulation 2 of Notice No.  486 of 2013]


"discretionary grant"

means the money allocated within the SETA to be spent on discretionary grants and projects contemplated in regulation 3(2)(c) to (9) as read with regulation 6;


"financial year"

means a year ending on 31 March in accordance with the Public Finance Management Act (PFMA);


"institutional and sectoral research"

means research commissioned by a SETA on any aspect of the administration or management of a SETA, as well as research into sector supply and demand;


"labour representative"

means a representative of the labour constituency within the workplace, appointed by the recognised trade union;


"legal fees"

means the total amount paid for legal services rendered with regards to legal proceedings or any order of cost made by a court of law against a SETA;


"levy income"

means the total amount of money received by a SETA in terms of sections 7(1) and 8(2)(a) as read with 8(3)(b) of the Skills Development Levies Act;


"levy paying employer"

means an employer who is compelled to pay skills development levies in terms of section 3(1) of the Skills Development Levies Act;


"mandatory grant"

means funds designated as mandatory grants contemplated in Regulation 4 to fund the education and training programmes as contained in Annexure 2;

[Definition substituted by regulation 3 of Notice No.  486 of 2013]


"occupational part qualification"

means a recognised component (theoretical, practical or work experience component) of an occupational qualification which is registered on the National Qualifications Framework;


"occupational qualification"

means a qualification that includes a knowledge, a practical and a work experience component registered on the National Qualifications Framework;


"PIVOTAL is an acronym"

which means professional, vocational, technical and academic learning programmes that result in qualifications or part qualifications on the National Qualifications Framework as contemplated in regulation 3(6) and (7) as read with regulation 6(11) to (15);


"project costs"

means costs payable for an approved project funded through a discretionary grant;


"public education and training institution"

means a public higher education institution as defined in the Higher Education Act, 1997 (Act No. 101 of 1997) and a public college as defined in the Further Education and Training Act, 2006 (Act No. 16 of 2006) and any Amendments thereto promulgated into law in the future;



means an in principle agreement between the employer and its recognised trade union or unions on the identified training interventions as is provided for in regulation 5(2)(f);



means the Sector Skills Plan as contemplated in section 10(1)(a) and (b) of the Act;


"structured workplace learning"

means the component of learning in an occupational qualification, an internship, or work placement for professional designation whereby a learner is mentored by a qualified, and where required, registered mentor in the application and integration of the knowledge and practical skills learnt, under supervision, in the actual context of a workplace in accordance with the prescripts set by the relevant qualification authority or professional body;



means to deliver by hand or registered post or to transmit a communication by electronic mechanism as a result of which the recipient is capable of printing the communication;



means a favourable residual balance in the statement of financial performance for the financial year ending on 31 March less commitment to training of learners in programmes funded from discretionary funds; "commitments" in this context mean that contractual obligations exist at the end of the financial year that will oblige the SETA to make a payment or agreement (written) with specific terms between a SETA and a third party whereby the third party undertakes to perform something in relation to a discretionary project for which a SETA will be obliged to make payment against the discretionary grant.

[Definition substituted by regulation 4 of Notice No.  486 of 2013]


"the Act"

means the Skills Development Act, 1998 (Act No. 97 of 1998);



integrated learning" is an umbrella term to describe curricular, pedagogic and assessment practices, across a range of academic disciplines that integrate formal learning and workplace concerns, which culminates in a qualification or part qualification and can include practicums, professional practice, internships, workplace experience, industry-based learning, cooperative education, service learning, real work learning, placements, experiential learning, clinical placements; and



[Definition deleted by regulation 5 of Notice No.  486 of 2013]