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Skills Development Act, 1998

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To provide for the imposition of a skills development levy; and for matters connected therewith.

 

Last update: May 2023


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Skills Development Act, 1998 (Act No. 97 of 1998) has been updated with Regulations for the Establishment of the National Apprenticeship and Artisan Development Advisory Body, as per Notice No. 3383 of GG48524 dated 5 May 2023.

 

The Skills Development Act, 1998 (Act No. 97 of 1998) has been updated by the Re-establishment of the Mining Qualifications Authority (MQA) from 1 April 2022 to 31 March 2030, within the SETA Landscape, as per Notice No. 1131 of GG43834 dated 23 October 2020.

 

The Skills Development Act, 1998 (Act No. 97 of 1998) has been updated Extending the date for Submission of the 2020-2021Financial year Applications for mandatory grants in terms of the Act, as per Notice No. 752 of GG43508 dated 6 July 2020.

 

The Skills Development Act, 1998 (Act No. 97 of 1998) has been updated by Regulations, Standard Constitution of SETA Regulations, 14. Chairperson of Accounting Authority as per Notice No. 1312 of GG41277 dated 24 November 2017.

 

The Skills Development Act, 1998 (Act No. 97 of 1998) has been updated by Regulations, Standard Constitution of SETA Regulations as per Notice No. 369 of GG35336 dated 11 May 2012.

 

The Skills Development Act, 1998 (Act No. 97 of 1998) has been amended by notice 902 from Government Gazette 34720 – Amendments to Act

 

The Higher Education Laws Amendment Act, No. 26 of 2010, in Government Gazette No. 33855 dated 7 December 2010, has amended this Act.

 

This Act has been updated by Notice No.R. 409 – commencement of Skills Development Amendment Act, 2008, published in Government Gazette No. 32105 dated 6 April 2009, as well as Correction Notice R. 841 published in Government Gazette No. 32500 dated 21 August 2009.

 

The Act has been updated by an amendment Act published in Government Gazette No. 25720 dated 14 November 2003; an amendment to Regulations dated 7 March 2003, and the Skills Development Amendment Act, 2008 published in Government Gazette No. 31666 dated 1 December 2008 (This amendment came into operation on 6th April 2009).

 

This Act has been extensively updated by the inclusion of various "Approval of Constitutions" (SETA’s) and amendments from 2004 to 2008.

 

Amended by the Skills Development Amendment Act, 2003 (31 of 2003) as gazetted in GG 25720 dated 14 November 2003. (The amendment Act is available on the Government web site at http://www.gov.za.)

 

The Skills Development Regulations – GG 22398 dated 22 June 2001 have been added to the Act.

The Registration of intended learnerships and learnership agreements Regulations have been added to the Act as Gazetted in GG 22197 dated 3 April, 2001.

Chapter 4 has commenced on April 1, 2001 as gazetted in GG 22197 dated 3 April 2001.

 

Proposed Regulations regarding 'Registration of Learnerships and Learnership Agreements' and 'Funding and Related Issues' have been added to the Act as published in Notices R.1151 and R.1152 respectively, in Gazette 21752 and dated 13 November 2000.

The Regulations with regard to Private Employment Agencies have been added as published in Government Notice No R.608 on 13 June, 2000.

The Regulations regarding Funding and Related Issues have been amended by extending the registration date for Skills Development Facilitators to the 30 September 2000, as published in Gazette 21236 and dated 29 May 2000.

SETA 21 of the list and scope of coverage of SETA has been amended by Notice No. 452, as published in Gazette 21146 and dated 12 May 2000.

The list and scope of coverage of SETA has been amended by Notice No. 265, a Notice of Establishment of SETA's has been added by Notice No. 266, a Notice of Abolition of Industry Training Boards has been added by Notice No. 267, and Guidelines regarding the Abolition of Industry Training Boards has been added by Notice No. 268, as published in Gazette 21012, and dated 20 March 2000.

Regulations for the period 1 April 2000 to 31 March 2001 regarding the funding and related issues has been added to the Act, as published in Gazette 20865 and dated 7 February 2000.

Proposed Regulations for Learnerships and Skills Programmes have been added to the Act, as published in Gazette 20831, dated 26 January 2000.

The Regulations regarding Establishment of SETA and the List and Scope regarding coverage of SETA, as published in Government Gazette 20442 dated 7 September 1999, have replaced the draft regulations and proposed list.

The various amendments made by the Skills Development Levies Act, 1999, have come into operation on the 1 September 1999.

The President hereby determines that Chapter 1, Chapter 2 and Chapter 7, excluding section 27(2)(a) and (b) and section 30, provisions of the Act which have not been promulgated shall come into operation on 2 February 1999.

Chapter 3, Chapter 5, Chapter 6, section 27(2)(a) and (b) and section 30 of Chapter 7 and Chapter 8, shall come into operation on 10 September 1999.