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SETA GRANT REGULATIONS update 25 November 2016

Below is the update from Global Business Solutions provided to us by ASDSA (Association for Skills Development in South Africa)  that can also be downloaded here!


In July 2016, we provided you with an update on the litigation brought by BUSA to challenge the change in the mandatory grant payment from 50% to only 20% of employer’s 1% skills development levy.

In summary, the actions at the time of writing our previous update was as follows:

  • In a Judgement, which was handed down by the Labour Court in August 2015, The Court declared Regulations 3(11) and 4(4) of the 2012 Grant Regulations to be invalid, and it set them aside. Regulation 4(4) focuses on the percentage of levies paid by an employer during each financial year.
  • The Minister initially took steps to appeal against the Labour Court judgement and order, however the Minister instead re-promulgated Regulations 4(4) of the SETA Grant Regulations in terms of section 36 of the SDA and re-instated the invalid regulation in identical terms.
  • BUSA then launched renewed review proceedings in the Labour Court on 1 July 2016 to review and set aside Regulation 4(4) as well as the Minister’s decision to re-promulgate it.

The Minister was then required to make the record available to BUSA, and from the record it is evident that the Minister adopted the approach that Regulation 4(4) had previously been set aside by the Labour Court only due to a procedural irregularity for the failure to consult. Having since consulted with the National Skills Authority, the Minister was advised to simply re-promulgated Regulation 4(4), on the basis that the defect would have been cured.

This approach is fundamentally wrong as the judgment of the Labour Court is clear, in that Regulation 4(4) was set aside not only due to the procedural irregularity, but also on the basis that it was irrational and unreasonable in substance.

Shortly after BUSA launched the renewed review proceedings in July 2016, the Minister applied for the appeal to be reinstated against the Labour Court Judgement of August 2015. Remember, initially the Minister took steps to appeal against the Judgement but rather re-promulgated Regulations 4(4). It would now seem that given BUSA’s renewed review application the Minister is reconsidering the route of appeal.

BUSA opposed the Minister’s application to reinstate the appeal by delivering a notice of intention to oppose and delivered an answering affidavit. The Minister was not required to deliver any further documents in terms of this process.

There have been no further developments subsequent to BUSA’s opposition to the Minister’s condonation application to re-instate the appeal. The Labour Appeal Court will either set the matter down for hearing (which means that it will have to be argued in court), or issue a ruling to reject the condonation application.

As always, we will be sure to keep you informed but until such time as we have clarity around the matter we would like to encourage employers to complete the attached form setting out details of non-payment of any mandatory grants currently being experienced with SETAs. This form will be passed to BUSA and collated with other employer reports for submission to the Skills Development Branch of the DHET.

Kind Regards

Menet Hamel

Global Business Solutions

25 November 2016


What you need to submit a Learning Programme for approval through the SETA.

The following steps are followed in order to submit a learning programme (unit standards) for approval through the ETQA (SETA).

Note: We make reference to the ETQA (Education Training Quality Authority) and not the SETA. The reason for this is because the ETQA Department/Manager within the SETA will review your programme and issue approval. (SETA has different departments who are responsible for different task. The ETQA manager will ultimately approve your programme.)


 Download the SETA application forms from their website, or contact their ETQA Manager and request the documents.

These documents may include:

-Application document that must be submitted with the programme in order to be processed.

-Include personal and Training Provider contact detail.

-Flow process, summary and matrix copy.

-Checklist that must be completed by the application to ensure all the documentation is correct and in order.

-Administration process (flow processes from printing to uploading)




List of the Assessors and Moderators must be attached.


-Must have at least one (1) qualified assessors that is (2) registered with the specific SETA and (3) have a valid letter from the SETA that allows the Assessors to assess in this unit standard.

-Must have at least one (1) qualified moderator that is (2) registered with the specific SETA and (3) have a valid letter form the SETA that allows the Moderators to moderate in this unit standard.

-The Assessors and the Moderator cannot be the same person.



This is “optional” for those individuals who purchased the programme from a third party or developer directory. (Did not develop their own material.)


The following information will be required additional with your submission:

-Copy of the purchase agreement that highlight the printing and usage rights.

-Internal moderators report to confirm you have the scope and resources to deliver this programme.

-If this material was previously approved for another training provider, copy/full details of this must also be supplied.



Full matrix that include at least the following fields.


  1. Unit Standard Number
  2. Unit Standard Description
  3. Purpose of the Unit Standard
  4. Credits with a breakdown of the Notional Hours.
  5. NQF level
  6. Entry Level requirements.
  7. How the CCFO’s was covered and where it is covered in the learning programme.


  1. Unit Standard Number
  2. Specific Outcomes + Numbered
  3. Assessment Criteria + Numbered
  4. Range Statements + Numbered
  5. CCFO + Numbered
  6. Learning Outcomes + Numbered
  7. Theory Notional Hours
  8. Practical Notional Hours
  9. Timeline in classroom
  10. Formative Activity methods
  11. Reference to Formative Activity numbers
  12. Summative Activity methods
  13. Reference to Summative Activity numbers.
  14. Resources, equipment required.
  15. Facilitation method (delivery strategy)



Detailed facilitator guide that include the following:

-Background of the learning programme.

-Who should attend/minimum entry level requirements.

-Strengths and weaknesses for implementing the programme.

-How feedback will be provided from the learner and from the Facilitator to the Training Provider.

-Sequence/process flow.

-Quality Assurance procedures/legal requirements/safety requirements.


-Methods and activity instructions.

-Resources required.

-Formative and Summative instructions.



Detailed learner guide that include the following:

-Unit Standard/Programme detail.


-Purpose of the programme

-Range Statement

-Learner entry level requirements

-Learners with special needs

-Training methods that will be used.

-Tools and resources required for this programme.

-Credit and notional hour’s breakdown.

-Learner support.

-Assessment strategies.

-Formative and Summative activities.

-Navigation through the learner guide.

-Learner rights and responsibilities

-Learner agreement

-Learning map/process flow

-Copy of the unit standard.

-Learning outcomes.

-Assessment Criteria + learning content.

-Learner feedback.



Learner workbook that include the following:

-Unit Standard/Programme detail.


-Appeals policy

-Purpose of the programme

-Range Statement

-Learner entry level requirements

-Learners with special needs

-Training methods that will be used.

-Tools and resources required for this programme.

-Credit and notional hours breakdown.

-Learner support.

-Assessment strategies.

-Formative and Summative activities.

-Navigation through the learner guide.

-Learner registration/CV/ID copy

-Learner rights and responsibilities

-Learner agreement

-Learning map/process flow

-Copy of the unit standard.



Reference to unit standard 115755

The complete Assessment guide that consist out of the following sections:

  1. Plan for Assessment.
  2. Preparation of the learner.
  3. Conduct Assessment.
  4. Judgement of the Assessment.
  5. Feedback to the learner.
  6. Review of the Assessment process.



–Create a separate document calling it the Assessment Memo Cover Page that makes reference to your Unit Standard details, and maybe give it a “confidential” watermark, footnote or disclaimer of some sort.

–Include model answers for each activity/assessment activity in this guide – we’re not recommending any particular format. You may also want to include the following, depending on the topic or structure of your activities:

*Support material and/or references that were provided to the learner – which he/she can use as resources (we mean

resources and references that were given to the learner during the induction or facilitation).

*Observations sheets – these should be in the Assessment Guide already if used previously

*Checklists – to check if the learner’s response is complete or that all required activities were handed in.

*Possible or required sources of evidence – or of course your model answers, or guidelines on how learners were asked or could answer the question.

*Expected quality of evidence – maybe include the amount of pages, size of response, number of words, how many points will be allocated to this activity and so forth.



Depending on the type of programme, NQF level and the target group of learner, may the SETA also request a mentoring guide.

Mentor guide is similar to the Facilitator guide, but intended for the supervisor or manager in the workplace to guide them on the instructions and type of exposure the learners should get.

The mentor guide will also be a summary of all the guidelines and instructions given to the learner during the contact sessions for all the summative assessment instructions.

-What the leaner is busy with?

-Instructions provided to the learner during the delivery?

-What the learner should do?

-Period and level of experience required?

-What end-result is expected on completion?



The credit calculation of the unit standard is based on a formula (multiple by x 10) that = to the total number of Notional Hours that must be achieved at the end of the learning programme.

Notional Hours consist out of (a) Theory and (b) Practical = Notional Hours.

In order to achieve the “practical” hours, the learner needs to demonstrate how he achieved this, (mostly in the workplace) by means of evidence. (Logbook).

Logbook can be in any form that can provide evidence that the learner (a) had the opportunity to practice the tasks in the workplace and (b) ensure that the minimum notional hours was completed.

Proposal for the New National Skills Development Strategy (NSDS) and Sector Education and Training Authorities (SETAs) landscape

“Proposal for the New National Skills Development Strategy (NSDS) and Sector Education and Training Authorities (SETAs) landscape within the context of an Integrated and Differentiated Post-School Education and Training System (NSLP-2015)”

The DHET – Department of Higher Education and Training has called for public comments on the future of skills development in South Africa. Minister Blade Nzimande has released his proposals for the Setas and members of the public and interested organisations have until 20th January 2016 to submit their comments.

The proposals is that the Setas would be renamed and re-purposed so that they would become departments of the national Department of Higher Education and Training and renamed as Sector Education and Training Advisory Boards. It is also proposted that instead of their current 5-year life spans as determined by the relevant Minister, the proposal is that these Setabs (!) would be permanent structures.

This new move could suggest that DHET have more power over the SETA’s having questions over the future role of SAQA and the QCTO. One of the other major benefits for DHET would be to have more control over the Skills Levies Fund that could result in major issues for the private sector including skills training on lower levels, also the future of private FET colleges and Training Providers.

During 2013 with the amendment of the Skills Act the allocation of funds to levy paying organisations was reduced from 60% to 20% that resulted in an estimated 40% drop in training statistics between the SETA’s in South Africa. This year, DHET excluded annual training statistics from the different SETA’s in the DHET annual report. Why? Is this part of a cover-up process or a simple strategic move to change the allocation of the Skills Levies Fund to other priorities.

Another change in the 2013 Skills Development Act allowed the DHET to allocate more funds paid by the private sector to Universities and FET’s. Would this last move from DHET mean that Skills Development South Africa especially in the private sector would come to a total stand-still?

Readers can download a copy of this document below.