Proclamation gives legal powers to new government Ministers

The Presidency has issued a proclamation that gives legal authority to the new education ministers, Blade Nzimande and Angie Motsheka.

All legislation in the education sector previously referred to the Minister of Education as the responsible Minister. President Jacob Zuma split the functions in his cabinet with Nzimande responsible for Higher Education and Training and Motsheka responsible for schools as Minister for Basic Education.

However the legal authority of the new Ministers was questionable as they were not authorised by legislation to take responsibility for current legislation.

Proclamation 44 now outlines the changes to the Acts of parliament and which minister takes authority.

The Minister responsible for the SA Qualifications Authority will be Dr Nzimande.

The proclamation does not include the Skills Development Act which is also to fall mainly under Nzimande’s control.

However Labour Minister Membathisi Mdladlana told the Skills Portal earlier this year that the full act would not simply be moved to the new Higher Education and Training Ministry. Certain aspects of the Skills Development Act will remain with the Labour Department, with responsibility for Setas, the National Skills Fund and National Skills Authority moving to the new Ministry.

Download the PDF version of the Proclamation

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