Front Page Looking For… Quality Council for Trades & Occupations (QCTO) FORUMS FOR SKILLS PROVIDERS SECTION 2(2)(a)(x) , ACT 37 OF 2008?

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    Moving forward without hesitation is to know the Law, it is only when we fully understand the law that we can secure and protect our domains, our businesses and of course support Government more effectively. We need to fall in love with the law and pursue it from every angle. Once we have mastered the law it is only then that we can start using it our advantage. Read it, study it and then stand your ground.


    Act 37 of 2008, Amendment of section 2 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999, Section 2(2)(a)(X) makes provision of the establishment of skills development forums per province that should represent the interest of skills providers and encourage partnerships between the public and private sectors.

    MY QUESTION IS, WHERE ARE THESE FORUMS? Who is representing us in these forums?.  I am misinterpreting, or I am possibly missing something here?  Taking into consideration that Act 37 of 2008 was transferred by Proclamation 56 of 2009 to the Minister of Education and that these sections were NOT Repealed nor amended except for change in wording such as “education and training providers”  to “skills providers”.

    Furthermore Amendment of section 6 of Act 97 of 1998, section 6(2)(e) states that four (4) voting members appointed by the Minister to represent the interests of skills development providers; within the NSA – if I do understand this correctly . My question again,  who are these FOUR Members representing us? I accept that the representation will be signed off by the Minister – but WHO elects these members to represent us, and once again WHO ARE They and Where are they?

    Section 6(3) states “ The Minister must designate five members as deputy chairpersons, one deputy chairperson each from the members to be appointed to represent—(a) organised labour; (b) organised business; (c) organisations of community and development interests; [and] (d) the interests of the State; and (e) education and skills development providers.”;

    (Concern 2) My question once again:  Section 6 was also transferred to the Minister of Education, so can anyone please me tell who the Chairperson is representing us skills providers, and how was he/ she elected or appointed??? And yes, where is he/she?

    So I have painstakingly continued working through each and every Section of each and every single Act and will continue until this mess makes some sense. What is clear, without doubt, is that we need completely NEW legislation – ONE ALL encompassing Act regulating ALL Learning. There is just too many amendments, more amendments, repeal on repeal and a transfer proclamation to top it off. We need to get our “learning laws” in order, it is literally so bewildering it lets channel 199 looks like a game of snake and ladders against our Rubric’s Cube!

    I’ve tried my best to digest what happened in terms of “Learning and QA Law” since 1995 and listed some of these findings, rich in cholesterol, below. Hopefully it also benefits other trying to make sense of it all. Some interesting findings regarding the time-frames between these laws were noted.

    The Skills Development Act, 37 of 2008 was signed by the President 27 November 2008. This was done primarily to amend Section 1 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999, and section 1 of Act 31 of 2003.

    Act 37 of 2008 actually started making some real sense and gaining some ground until the President signed, only 4 months later,  the NQF Act, 67 of 2008.

    The NQF Act,  67 of 2008 was signed by the President on 17 February 2009 with the sole purpose to repeal the SAQA Act 58 of 95, yes repealed in whole and not just being amended. Why not just let the QTCO be another division within SAQA or above, instead of creating a complete new entity and expecting that entity to hit the ground running? Madness I tell you.

    Then, the Big Bang, Proclamation 56 of 2009, signed 12 August 2009 to be in effect 01 November 2009, –  the Transfer of administration, powers and functions entrusted by legislation in terms of  Section 97 of the Constitution, “Transfer of functions”.

    Within a period of 12 months we were “Tsunamied” by three major changes in skills development and quality assurance legislation. The after-effect still causing damage 6 years down the line, with no indication of the flood subsiding. Relentlessly bombarding the learning spheres within these 12 months, after years that nothing happened! Very well knowing, that it will take Average Joe sometime to make sense of it all. Somehow I am getting the feeling that we are getting dumbed- down, cause you now the old saying; “In the land of the blind, the one eye is king”!  

    The following laws, and sections thereof, were affected considering the vast array of amendments and including total repeal of the SAQA Act, 58 of 95.


    EXTENT OF TRANSFER (Between Education and Labour)

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

    All the provisions except-

    a)      sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with respect to Productivity South Africa), 22(1), 23(l)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2), 36(o), (p) and (q),  item 7    of Schedule 2A and Schedule 4; and

    b)      sections 32(1), 33 and 36(a) and (s) and any other provision to the extent that these provisions apply to “employment services”, as defined in section 1, or Productivity South Africa, as established by section 26K, but excluding section 23(1)(b) and (c).

    Skills Development Levies Act, 1999 (Act No. 9 of 1999)

    All the provisions

    Skills Development Levies Act, 1999 (Act No. 9 of 1999)

    All the provisions

    Source: Proclamation 56 of 2009.

    The minister should have realized that all of this, is once again a complete Paradigm Shift. We know that when a Paradigm shifts EVERYTHING goes back to ZERO! Did the Minister not attend this lesson during Leadership 101? When everything goes back to zero we are forced to re-learn and redo from scratch, not only must we re-learn before we can do, we must also completely destroy the old, to avoid infection of the new.

    Make no mistake, Proclamation 56 of 2009 caused just that, and to intensify matters it seems that no-one is now willing to take ownership thereof. So why did we create this, how did it get passed us and who advised the President to sign off on 56 of 2009 when 37 and 67 of 2008 were not even out of the maternity ward?  Well it is time to stop excepting excuses to ensure it is not offered again.

    1 Corinthians 9:…25.Everyone who competes in the games exercises self-control in all things. They then do it to receive a perishable wreath, but we an imperishable. Therefore I run in such a way, as not without aim; I box in such a way, as not beating the air…

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    Steve Short

    :O Amen!


    This Topic comes at a time when I was asking myself exactly that. WHERE ARE THE FORUMS!!!, We suffer in silos and our issues are never taken seriously by SETA because we have no voice. CETA and Services SETA will be having AGMs shortly. who is representing us and our views,

    sylvia hammond

    Hi Lulama,

    Do you have details of the CETA AGM?


    Thank you for your post / article which is helpful and contextualises the current situation Pierre. The more I work in the area of Skills Development, the more confusing and disjointed things appear to be. Certainly, simplification and clarification will be of great assistance in moving forward. I will follow this discussion with interest.

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One thought on “FORUMS FOR SKILLS PROVIDERS SECTION 2(2)(a)(x) , ACT 37 OF 2008?

  • marilynjones

    Yes I can believe that Montoane! Each day I look forward to switching on my computer and starting my work for the day. Same with the evenings and weekends I just can’t resist doing more work on my online businesses whenever I have a spare moment.

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