TVET College Council

Induction Training Legal Compliance and the Regulatory Environment

September 2014

CONTENTS

Terminology

Governance in public TVET Colleges

Other functions of Council

Delegations

Offering of Qualifications

Other Related Legislation

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Terminology

• FET Colleges (Section 3 of the FETC Act)

• TVET Colleges (Section 3 of the CET Act)

• Further Education and Training College Act, (Act No. 16 of 2006), (FETC Act)

• Continuing Education and Training Act, 2006 (Act No. 16 of 2006), (CET Act)

• Section 14 of Interpretation Act, 1957 (Act No. 33 of 1957)

• White Paper for Post-School Education and Training

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Governance in Public TVET

Colleges • Legislation and Statutes

• Application of the 60/40 rule

• Appointment of members of college councils (section 10(4) CET Act and Government Gazette No. 37909 of 12 August 2014) o Internal members o External members – appointments by the Minister and appointments by the

council (section 10(6) CET Act and Government Gazette No. 37906 of 12 August 2014)

• Decisions of the council by vote at a quorated meeting (see item 10(2) of the Standard Statutes) o Majority of members present at any meeting is at least half plus one of the

total numbers of members of council or committee holding office on the date of the meeting

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Governance in Public TVET

Colleges cont.. • Vacancies (Item 4(2) of the Standard Statute)

• Participation in the governance procedures

• Committees (Items 12,15; Sections 10(1) and 18 CET Act) and structures (Sections 11,12,14 CET Act)

• Establish structures and committees for college (Section 9(2) and (3) of the CET Act) however may not establish or create any juristic persons (Section 9(6)

• Dual relationship relating to employment relations

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Governance in Public TVET

Colleges cont.. • Relationship between Department of Higher

Education and Training with the College in relation to the employment of staff at the College

o Appointment of public service staff and college employees (Section 20(1))

o Responsible for the day to day employment functions pertaining to public servants (Section 20(3)(a))

o Minister appoints public service staff and is responsible for all employment purposes (Section 20(3)(b))

• Quality education (Section 29 of Constitution of RSA and Section 10(2)(c) of the CET Act)

• Student access and success

• Acts in the best interest of the College

• Ensures effective learning (Sections 2 and 43 of the CET Act)

• Financial fiduciary responsibility of college budgets (Sections 22 to 25 of the CET Act)

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Other functions of Council

• Drafting of strategic plan of college (Section 10(2) of the CET Act and National Norms and Standards for Funding, Government Gazette No. 32010 of 16 March 2009 and Government Gazette No. 37970 of 5 September 2014)

• Provides policy good order and safe campus

• Financial resources and institutional assets (Sections 24(3) and 25 of CET Act and National Norms and Standards for Funding; PFMA Act)

• Ensures good management

• Evaluates performance of colleges

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Other functions of Council

• Legal principle underpinning delegation

• Finances or HR

• Proposed delegations by the council

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Delegations

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Offering of Qualifications

• Section 2 of the CET Act prescribes that the purpose of the Act is to provide students with the necessary knowledge, practical skills and vocational and occupational competence for employment.

• Legislation and Policy

• Sections 42 and 43 of the CET Act

• National Qualifications Framework Act 67 of 2008 (NQF Act)

• General and Further Education and Training Quality Assurance Act 58 of 2001 (GENFETQA Act)

• Skills Development Act 97 of 1998 (SDA)

• Policies on curriculum offerings

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Other Related Legislation

• Promotion of Administrative Justice Act No. 3 of 2000 (PAJA)

• Public Finance Management Act No. 1 of 1999 (PFMA)

• Collective Bargaining (i.e. Labour Relations Act (LRA), The Basic Conditions of Employment Act (BCEA) and the Occupational Health and Safety Act (OHSA))

• Promotion of Access to Information Act No.2 of 2000 (PAIA)

• Protected Disclosure Act 26 of 2000 (PDA)

Thank you

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