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National Qualifications Framework Act, 2008 (Act No. 67 of 2008)

Chapter 4 : South African Qualifications Authority

13. Functions of SAQA

 

(1) The SAQA must, in order to advance the objectives of the NQF—
(a)
(i) perform its functions subject to this Act; and
(ii) oversee the implementation of the NQF and ensure the achievement of its objectives;
(b) advise the Minister on NQF matters in terms of this Act;

[Section 13(1)(b) substituted by section 12 of Act No. 26 of 2010]

(c) comply with policy determined by the Minister in terms of section 8(2)(b);
(d) consider the Minister’s guidelines contemplated in section 8(2)(c);
(e) oversee the implementation of the NQF in accordance with an implementation framework prepared by the SAQA after consultation with the QCs;
(f)
(i) develop a system of collaboration to guide the mutual relations of the SAQA and the QCs, after consultation with the QCs and taking into account the objects of the SAQA contemplated in section 11 and the regulations contemplated in section 33; and
(ii) resolve disputes regarding the QCs;
(g) with respect to levels—
(i) develop the content of level descriptors for each level of the NQF and reach agreement on the content with the QCs;
(ii) publish the agreed level descriptors in the Gazette; and
(iii) ensure that they remain current and appropriate;
(h) with respect to qualifications—
(i) develop and implement policy and criteria, after consultation with the QCs, for the development, registration and publication of qualifications and part-qualifications, which must include the following requirements:
(aa) The relevant sub-framework must be identified on any document relating to the registration and publication of a qualification or part-qualification; and
(bb) each sub-framework must have a distinct nomenclature for its qualification types which is appropriate to the relevant sub-framework and consistent with international practice;
(ii) register a qualification or part-qualification recommended by a QC if it meets the relevant criteria;
(iii) develop policy and criteria, after consultation with the QCs, for assessment, recognition of prior learning and credit accumulation and transfer;
(iv) verify all qualifications or part-qualifications referred to it in terms of section 32A and make a decision on the status thereof;

[Section 13(1)(h)(iv) inserted by section 4(a) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

(i) with respect to professional bodies—
(i) develop and implement policy and criteria for recognising a professional body and registering a professional designation for the purposes of this Act, after consultation with statutory and nonstatutory bodies of expert practitioners in occupational fields and with the QCs; and
(ii) recognise a professional body and register its professional designation if the criteria contemplated in subparagraph (i) have been met;
(j) with respect to international relations—
(i) collaborate with its international counterparts on all matters of mutual interest concerning qualifications frameworks; and
(ii) inform the QCs and other interested parties about international practice in the development and management of qualifications frameworks;
(k) with respect to research—
(i) conduct or commission investigations on issues of importance to the development and implementation of the NQF, including periodic studies of the impact of the NQF on South African education, training and employment; and
(ii) publish the findings of the investigations referred to in subparagraph (i);
(l) with respect to records of education and training, maintain a national learners’ records database comprising registers of—
(i) qualifications;
(ii) part-qualifications;
(iii) qualification and part-qualification requirements and other related information;
(v) details of the education institution or QC that awarded the qualification or part-qualification;
(vi) recognised professional bodies; and
(vii) associated information relating to registration, verification and accreditation;

[Section 13(1)(l) substituted by section 4(b) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

(lA)

(i) maintain a separate register of professional designations;
(ii) establish and maintain a register of misrepresented qualifications or part-qualifications with respect to records of education and training; and
(iii) establish and maintain a register of fraudulent qualifications or part-qualifications with respect to records of education and training;

[Section 13(1)(lA) inserted by section 4(c) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

(m) with respect to foreign qualifications—
(i) provide a verification or an evaluation and advisory service consistent with this Act; [and]
(ii) evaluate all foreign qualifications referred to it in terms of this Act against the South African NQF in accordance with SAQA policy and procedures and, where appropriate, issue a SAQA Certificate of Evaluation; and
(iii) formulate and publish criteria for evaluating foreign qualifications;

[Section 13(1)(m) substituted by section 4(d) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

(n) with respect to other matters—
(i) inform the public about the NQF;
(ii) perform any other function required by this Act; and
(iii) perform any function consistent with this Act that the Minister may determine.

 

(1A) When verifying or evaluating a qualification or part-qualification in terms of this Act, the SAQA must, amongst other things, consider whether the education institution, skills development provider or foreign institution is registered by law and whether the qualification or part-qualification is authentic and complies with the policy and criteria contemplated in section 13(1)(h).

[Section 13(1A) inserted by section 4(e) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

 

(1B) If after verification or evaluation, a qualification or part-qualification is found to be inauthentic or is found to be a misrepresented qualification or part-qualification or is declared by a court of law to be a fraudulent qualification or part qualification, the SAQA must refer such a finding or information to the relevant professional body, as may be prescribed, and subject to subsection (1C):
(a) must inform the requester and the holder of the qualification or part-qualification of the finding;
(b) must record such finding in the register of misrepresented qualifications and part-qualifications or fraudulent qualifications and part-qualifications; and
(c) the requester must provide the SAQA with all particulars of the holder to enable the SAQA before recording such finding in the relevant register, to give notice and comply with section (1C).

[Section 13(1B) inserted by section 4(e) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

 

(1C) The verification and evaluation processes referred to in subsection (1)(h) must conform to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).

[Section 13(1C) inserted by section 4(e) of the National Qualifications Framework Amendment Act, 2019, Notice No 1078, GG42646, dated 19 August 2019 - effective 13 October 2023 per Proclamation Notice 139, GG49501, dated 13 October 2023]

 

(2) The SAQA must submit, on or before 31 August in each year, to the Minister an annual report which includes the financial statements and audit reports.

[Section 13(2) substituted by section 12 of Act No. 23 of 2012]