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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    Des Squire

    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?


    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?

    Janelle Gravett

    HI Sylvia – I would get the learner to give me an Affidavit stating that they wont give a copy of the ID and why not. I don’t think that the SETA will not accept that as it is a legal document and covers you in that you have asked for the document and it is not forthcoming.


    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 …..

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