What legislation or regulation requires proof of identity?


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This topic contains 10 replies, has 5 voices, and was last updated by  Des Squire 1 year, 7 months ago.

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  • #63887

    sylvia hammond
    Keymaster

    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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  • #63891

    Des Squire
    Participant

    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?

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    • #63911

      sylvia hammond
      Keymaster

      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?

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  • #63927

    Janelle Gravett
    Participant

    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.

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  • #63948

    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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  • #63949

    Des Squire
    Participant

    Honestly Sylvia – I have no idea what the response is. I will try to find out and revert. A simple question should have a simple answer but not in this case.

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  • #63953

    Andrew Friedemann
    Participant

    Two thoughts…

    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.

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  • #63976

    Des Squire
    Participant

    Latest I have heard is that the POPI Act is going to shake things up.
    Learnerships and formal qualifications require them for NLRD purposes.
    There is no justification for informal or unregistered training.

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    • #63978

      sylvia hammond
      Keymaster

      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.

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    • #63991

      sylvia hammond
      Keymaster

      Thanks Des,
      I think I need to post the POPI Act and we start a discussion about how that affects skills development.

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  • #64033

    Des Squire
    Participant

    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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