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

Chapter 1 : Definitions, Object and Application of Act

1. Definitions

Purchase

In this Act, unless the context indicates otherwise—

"authenticity" —

(a)	in relation to a qualification or part-qualification, includes a qualification or part-qualification that is—

(i)	registered on the NQF;

(ii)	offered by a registered, established, declared or merged and accredited education institution or skills development provider in terms of this Act or any other applicable law; and

(iii)

lawfully obtained; and

(b)	in relation to a foreign qualification, means a qualification or part-qualification that is lawfully obtained from a foreign country and is evaluated by the SAQA in terms of this Act,

and authentic has a corresponding meaning;

[Definition inserted by section 1(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]

"board"

means the board of the SAQA established by section 14;

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

[Definition inserted by section 1(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]

"Continuing Education and Training Act"

means the Continuing Education and Training Act, 2006 (Act No. 16 of 2006);

"Council on Higher Education"

means the Council established in terms of section 4 of the Higher Education Act, 1997 (Act No.101 of 1997);

"education institution"

means an education institution that is established, declared or registered by law;

"evaluate"

means the process followed by the SAQA to verify the authenticity of a foreign qualification and compare it with a South African qualification for placement within the South African NQF, and evaluation has a corresponding meaning;

[Definition inserted by section 1(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]

"foreign institution"

means a foreign juristic person offering or issuing an authentic qualification or part-qualification;

"fraudulent qualification or part-qualification"

is a verified qualification or part-qualification registered on the NQF or an evaluated foreign qualification or part-qualification, which is found to be forged, fraudulently obtained or awarded in contravention of this Act, and has been declared as such by a court of law;

"Gazette"

means the Government Gazette;

[Definition substituted by section 1(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]

"GENFETQA Act"

means the General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001);

"Higher Education Act"

means the Higher Education Act, 1997 (Act No. 101 of 1997);

"learning"

means the acquisition of knowledge, understanding, values, skill, competence or experience;

"learner achievements"

means a qualification or part-qualification contemplated by this Act;

[Definition inserted by section 1(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]

"level"

means a level contemplated in Chapter 2;

"Minister"

means the Minister of Higher Education and Training;

[Definition substituted by section 8(a) of Act No. 26 of 2010]

"misrepresented qualification or part-qualification"

is a qualification or part-qualification—

(a)	which is not authentic; or

(b)	where the certificate of award or the SAQA Certificate of Evaluation was erroneously issued or altered in any way;

[Definition inserted by section 1(f) 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]

"national learners' records database"

means the electronic management information system as contemplated in section 13(1)(l);

"NQF"

means the national qualifications framework contemplated in Chapter 2;

"part qualification"

means an assessed unit of learning that is registered as part of a qualification;

"PFMA"

means the Public Finance Management Act, 1999 (Act No.1 of 1999);

"professional body"

means any body of expert practitioners in an occupational field, and includes an occupational body;

"professional designation"

means a title or status conferred by a professional body in recognition of a person’s expertise and right to practise in an occupational field;

"qualification"

means a registered national qualification;

"quality council"

means a Quality Council contemplated in Chapter 5;

"QC"

means a quality council;

"registered"

means registered on the NQF by SAQA in terms of Chapter 4;

"relevant Minister"

[Definition repealed by section 8(b) of Act No. 26 of 2010];

"SAQA"

means the South African Qualifications Authority contemplated in Chapter 4;

"SAQA Act"

means the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

"SAQA Certificate of Evaluation"

means a certificate issued by the SAQA indicating the authenticity of the foreign qualification and its placement within the NQF;

[Definition inserted by section 1(g) 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]

"sector"

means a sector of education or training, as the case may be, for whose sub-framework a QC is responsible;

"Skills Development Act"

means the Skills Development Act, 1998 (Act No. 97 of 1998);

"skills development provider"

means a skills development provider contemplated in section 17 of the Skills Development Act;

"sub-framework"

means a sub-framework contemplated in Chapter 2;

"this Act"

includes the regulations;

"Umalusi"

means the council established by section 4 of the GENFETQA Act.

"verification"

means the process followed by the SAQA to determine the authenticity of a qualification or part-qualification in terms of the relevant SAQA policy and procedures.

[Definition inserted by section 1(i) 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]