2019-10-09

Amendments to The National Qualifications Framework Act - South Africa.

Dave Pattle

The National Qualifications Framework Act has been amended.  The effective date of the amendments is at this stage unknown.  This will be determined by the President.

The amendments cover a range of issues.

In this note we have deliberately chosen to deal with what we believe to be the most significant one concerning you, our clients.

Section 32 A, an entirely new section, creates the legal obligation to “authenticate” all applicant’s qualifications or part qualifications prior to employment. 

In order to meet the obligation of “authentication”, all employers are required to ensure that the said qualifications or part qualifications are:

  • Registered on the NQF and/or the NLRD; and
  • Offered by a registered, established or declared or merged and accredited educational institutions or skills development providers in terms of this Act or any applicable law; and
  • Have been lawfully obtained.

If the qualification or part qualification is not registered, this sadly does not mean that you can wash your hands of the matter and say “I tried”.  You are now required to approach the SAQA and request that they verify and evaluate the qualification or part qualification.  If SAQA is satisfied, then they must record same on the NLRD.  SAQA is obliged to respond to your request within 30 days.

Fraudulent and/or false claims in relation to qualifications or part qualifications are regarded as an offence.

How can Drake help you in respect of this amendment?

  • Policy review in respect of your employees and/or applicant’s qualifications and your obligation to scrutinise them.
  • Policy review in respect of establishing fraudulent behaviour pertaining to qualifications.
  • “Authentication” checks of all applicants and or employees in accordance with the legal requirements of this amendment.
  • Pre- approved pool of skilled applicants eager to work for you.

Other related Solutions that Drake can assist you with.

  • Credit and criminal reference checks
  • Recruitment
  • DrakeWize – skills assessment – know the level of competency of your employees or job applicants before making a hiring decision or one relating to promotion or training and development.
  • P3 – Behavioural assessment – essential in determining “fit” within the organisation.
  • Disciplinary Enquiry support in respect of any established fraudulent or deceptive conduct.

Email solutions@drake.co.za for more information.

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