Front Page › Looking For… › SETAs, levies & scarce skills, TVET colleges, PSET › What legislation or regulation requires proof of identity?
23rd Oct 2017 at 9:36 pm #63887
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.
24th Oct 2017 at 7:34 am #63891
There is nothing in terms of legislation to the best of my knowledge. I think it is a requirement for learnership applications and as a result has been adapted by the SETA’s and providers as standard procedure. I agree with the concerns expressed in the question.
As an aside I often wonder why a CV is requested in all POE’s and why has this become necessary. With many POEs there is no need whatsoever. Where is this need set out in POE requirements?
24th Oct 2017 at 12:45 pm #63911
Thanks Des, yes the PoE requirements must fall under quality assurance – the assessment and moderation requirements?
So following that logic in the QCTO QA policies delegated to the SETA QAPs.
The question I have is what does an employer do if the employed learner simply refuses to comply?
25th Oct 2017 at 1:23 pm #63927
27th Oct 2017 at 8:59 am #63948
Michael Clayton PosthumusParticipant
i presume you meant ID “Copy” , Without proof of ID “copy” it can open a gap for fruad , for example piet can do the course and put sam id number in then attend another course and put paul id number in , how can you validate who is who ?, id / drivers licence is used nowdays in security complexes, Clothing stores, almost everywhere. In terms of legislation one that comes to mind for lifting machinery is DMR 18 (11) under the OHS act 85 of 1993 point 11. states that on an initial certificate of competence must incude (g) Identification number of operator, as well as on the carry card , Also under QCTO for trade certificates it is a requirement to get a certifiied copy of ID …..
27th Oct 2017 at 4:13 pm #63949
27th Oct 2017 at 8:21 pm #63953
1) It is just another unsubstantiated process that someone came up with, that no one can explain the reason for, “…that’s the way we have always done it”.
2) The certified copy of ID is amusing, and we have to supply these all the time. But there is no such thing in reality – once a copy is made of a certified copy it is no longer a certified copy. Scanning a certified copy nullifies the certification. However ETQA’s and QCTO still insist we do it.
I can understand having to prove the person is real, but this process is flawed and does not really prove anything.
30th Oct 2017 at 9:35 am #63976
30th Oct 2017 at 11:19 am #63978
Thanks Des – that would be my understanding.
I have also experience the problem where the same person needs to be identified both at the beginning and the end of the process. Although I realise that changes can occur – so people do change their name for a number of reasons, get married, change their religion, are adopted, change their sex, – or just decide to change their name.
However I do also agree with Andrew that the system is flawed – I would suggest that SAQA might be the appropriate “top of the tree” to come up with an alternative procedure – for all the quality councils.
We will wait and see – clearly something more sophisticated, and technologically advanced does need to be implemented.
31st Oct 2017 at 11:39 am #63991
2nd Nov 2017 at 10:04 am #64033
According to SKILLS DEVELOPMENT ACT NO. 97 OF 1998 CHAPTER 4
LEARNERSHIPS: S17. Learnership agreements (3) “A learnership agreement must be in the prescribed form and registered with a SETA in the prescribed manner”. The prescribed form is provided for under the Skills Development Act, 1998 No.97 of 1998: Learnership Regulations, 2007. Herewith the link: http://www2.saflii.org/za/legis/hist_reg/sda97o1998rangnr519660/sda97o1998rangnr519a29j2007743.html (Date of use 01 November 2017). I see that they do not include the referred to Annexure B which specifically requires the Learners Identity Number. I do however have a copy of the entire Act with the annexures of the documents. Does this help you?
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