What legislation or regulation requires proof of identity?

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    To all skills-universe members,
    I have been asked a question that I can’t answer:
    Where does the legal requirement come from for learners to submit personal details – such as ID documents – with their Portfolios of Evidence?

    What does an employer or a training service provider do if a learner refuses to provide such personal information – on the basis that they are not sure whether their identity will be protected, and that their identity could be stolen?

    Is the requirement from the Auditor General/PFMA because it doesn’t seem to be in the SDA or regulations?

    Appreciate your help so I can reply to the query.

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    Heidi D Edwards

    Hi Sylvia,

    Not sure there is a regulation or an Act associated with this requirement as opposed to it being a SETA ‘rule’.

    Rather look at the requirement for a Learner to prove AUTHENTICITY.
    The signing of each page / declaration et al is not sufficient to indicate that the Learner is the person who produced the evidence.
    An ID book is the only item of which I am aware that cannot be disputed in terms of proof – some SETAs will not even accept a certified copy of a Driver’s License.

    Regarding POPI and protection of information – Learners are absolutely right to worry because there are unfortunately many Providers who do not take care with confidential information (despite a so-called Records Management policy being in place).

    Learners can ask for (a) a copy of such policy including a company’s approach to POPI and (b) an affidavit from an MD / CEO indicating responsibility for the information. Policy / affidavit can indicate that information will only be seen by people authorised to handle such information. If the Learner does not accept that then the Learner ought to be referred to the relevant SETA’s ETQA Manager.

    Hopefully one of the SETAs will see your post and reply as it is the SETAs that refuse to endorse Learner results if a certified copy is not present in a portfolio.

    Regards – Heidi.

    Janelle Gravett

    HI Sylvia – agree with Heidi. It is a SETA requirements but I also think it is for the NLRD information as well to verify the learners details for upload to the NLRD (my guess and I stand to be corrected!)


    Thanks Heidi and Janelle,
    Yes, I agree with all we hear this is cause to be concerned.

    As I understand, if it is:

    • NLRD then it is a question to SAQA.
    • Quality assurance it is a question to QCTO.

    I will see what I can find out.

    Vanessa Siedle

    It’s a definitely a SETA requirement, and I personally think it’s ok for the learner to have to prove their identity as there is also a lot of fraud in that area – but my main concern is that my SETA (CATHSSETA) will not allow printing of certificates unless we provide them with a certified copy of the learner’s ID that is dated within 3 months of print date. So if we get certified copies when they register, we cannot use those same certified copies to get the certificates printed a year later as their validity will have expired. I feel that is an unnecessary challenge!

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