General and Further Education and Training Quality Assurance Act

5 December 2001 No. 22896 THE PRESIDENCY No. 1285 5 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 58 of 2001: General and Further Education and Training Quality Assurance Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22896 Act No. 58,2001 GOVERNMENT GAZETTE, 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE ACT, 2001 (English text signed by the President.) (Assented to 29 November 2001.) ACT To provide for the establishment, composition and functioning of the General and Further Education and Training Quality Assurance Council; to provide for quality assurance in general and further education and training; to provide for control over norms and standards of curriculum and assessment; to provide for the issue of certificates at the exit points; to provide for the conduct of assessment; to repeal the South African Certification Council Act, connected therewith. 1986; and to provide for matters PREAMBLE WHEREAS monitoring and auditing achievements in terms of standards or qualifica- tions registered on the National Qualifications Framework is the responsibility of bodies accredited by the South African Qualifications Authority; AND WHEREAS it is necessary to- * ensure that a quality assurance framework is developed for general and further education and training; and * improve and monitor learning achievements ,and, after students and learners have reached the required standards, to certify such achievements; AND WHEREAS there is a need to establish a body to be a quality assurer for the general and further education bands of the National Qualifications Framework; E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, B as follows:- CHAPTER 1 DEFINITIONS, APPLICATION AND OBJECTS OF ACT Definitions

1. In thls Act, unless the context indicates otherwise-- “accreditation” means the certification of a person, a body or an institution as having the capacity to fulfill a particular function in the quality assurance system set up by the South African Qualifications Auth0rit.y in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); “assessment” means the process of identifying, gathering and interpreting information about a learner’s achievement in order to- (a) assist the learner’s development and improv’e the process of learning and teaching; and 5 10 (b) evaluate and certify competence in order to ensure qualification credibility; “assessment body” means a department of education or any other body registered with the Council as a body responsible for conducting external assessment; 15 4 No. 22896 Act No. 58,2001 GOVERNMENT GAZETTE, 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE ACT. 2001 15 “certificate” means a certificate contemplated in section 16(4)(e); “Council” means the General and Further Education and Training Quality Assurance Council established by section 4; “department of education” means the department responsible for education at national level or a department responsible for education in a province; 5 “Director-General’’ means the Director-General of the department responsible for education at national level; “Education and Training Quality Assurance Body” means an education and training quality assurance body accredited in terms of section 5( l)(a)(ii)(bb) of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); 10 “employee” means any person who is in the full-time or part-time employ of the Council; “exit point” means a point in general or further education and training at which a learner is required to demonstrate competence with a view to obtaining documentary proof of proficiency; “external assessment” means any assessment conducted by an assessment body, the outcomes of which count towards the achievelment of a qualification; “financial year” means the period from 1 April :in any year to 31 March in the following year; “further education and training” means all learning and training programmes 20 leading to qualifications from levels 2 to 4 of the National Qualifications Framework, which levels are above general education and training but below higher education; “general and further education and training” means general education and training and further education and training; “general education and training” means all learning and training programmes leading to a qualification on level 1 of the National Qualifications Framework, which level is below further education and training; “head of department” means the head of a department responsible for education in a province; “internal assessment” means any assessment conducted by the provider, the outcomes of which count towards the achievement of a qualification; “learner” means any person receiving or obliged to receive education at any education institution contemplated in section 2 ,within the general and further education and training sectors; “Minister” means the Minister of Education; “moderation” means the process which ensures that assessment of the outcomes described in the National Qualifications Framework standards or qualifications is fair, valid and reliable and “verification” has the s’ame meaning; “moderator” means a person, body or organisation that ensures that the assessment 40 of the outcomes described in National Qualifications Framework standards or qualifications is fair, valid and reliable; “National Qualifications Framework” means the :National Qualifications Frame- work contemplated in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); “provider” means any body which- ( a ) delivers learning programmes which culminate in a specified National 45 30 35 25 Qualifications Framework standard or qualification; and ( b ) manages the assessment of such learning programmes, but, in respect of public schools, public further education and training institutions 50 and public adult learning centres, “provider” means the department responsible, for education in the relevant province; “qualification” means the formal recognition of the achievement of the required number and range of credits and such other requirlements at specific levels of the National Qualifications Framework as may be determined by the relevant bodies 55 registered for such purpose by the South African Qualifications Authority; “raw marks” means the actual marks or other quantifiable outcomes obtained a learner before any adjustment of the marks is made by the Council; 6 No. 22896 Act No. 58,2001 GOVERNMENT GAZETTE, 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINIh’G QUALITY ASSURANCE ACT, 2001 “South African Qualifications Authority” means the South African Qualifications Authority established by section 3 of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); “standard” means registered statements of desired education and training outcomes and their associated assessment criteria:, “this Act” includes any regulation made under section 27. Application of Act

2. This Act applies to all education institutions which have been established, declared or registered under the- (a) South African Schools Act, 1996 (Act No. 84 of 1996); (b) Further Education and Training Act, 1998 (Act No. 98 of 1998); or (c) Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000). 5 10 Objects of Act

3. The objects of this Act are to- (a) establish a quality assurance body to ensure that continuous enhancement of 15 quality is achieved in the delivery and outcomes of the general and further education and training sectors of the national education and training system; (b) develop a quality assurance framework for the general and further education bands of the National Qualification Framework; and ( c ) regulate the relationship between the national Department of Education, the 20 South African Qualifications Authority, other ;Education and Training Quality Assurance Bodies, providers and the Council.. CHAPTER 2 ESTABLISHMENT AND ACCREDITATION Establishment of Council 25

4. A juristic person to be known as the General and Further Education and Training Quality Assurance Council is hereby established. Accreditation as Education and Training Quality Assurance Body 5. (1) The Council must be regarded as having been accredited by the South African Qualifications Authority in terms of section 5( l)(b)(i) of the South African Qualifica- 30 tions Authority Act, 1995 (Act No. 58 of 1995), as the body responsible for establishing education and training standards or qualifications for general and further education and training at education institutions contemplated in section 2. (2) If the Council fails to comply substantially with the: accreditation requirements for an Education and Training Quality Assurance Body, the South African Qualifications 35 Authority must- (a) notify the Council in writing and set out the criterion which the Council failed to comply with; and (b) specify in the notice a reasonable period within which the Council must comply with the criterion. 40 (3)(a) If the Council does not comply with the criterion within the period specified in the notice contemplated in subsection (2)(a), the South African Qualifications Authority must inform the Minister of the failure. (b) The South African Qualifications Authority must submit a copy of the written notice contemplated paragraph (a). in subsection (2)(a) to the Minister when it acts in terms of 45 (4) Subject to the Constitution of the Republic of South Africa, 1996 (Act NO. 108 of 1996), the Minister must request the Chairperson of the Council to give a detailed report on why the Council has not complied with the criterion. 8 No. 22896 Act No. 58,2001 GOVERNMENT GAZETIE, 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE ACT, 2001 ( 5 ) After consideration of all the relevant factors, the Minister must direct the South African Qualifications Authority and the Council as to what reasonable steps each must take to solve the problem. Composition of Council 6 . (1) ( a ) The Council consists of 15 members appointed by the Minister in terms of 5 subsection (5). (b) The Minister must appoint one of the members ,as chairperson. (2) In addition to the members contemplated in subsection (l), the Chief Executive Officer is a member by virtue of his or her office. (3) The selection of members contemplated in subsection (1) must be undertaken in 10 such a manner as to ensure, insofar as is practically possible, that- (a) the functions of the Council in terms of this Act are performed according to the highest professional standards; (bj the membership taken as a whole- (i) is broadly representative of the general and further education and 15 training sectors and related interests; (ii) has thorough knowledge education and training; and understanding of general and further (iii) appreciates the role of the general and further education and training system in reconstruction and development; (iv) has known and attested commitment to the interests of general and further education and training; (v) has knowledge and understanding of accreditation, assessment and certification of general and further education and training programmes; (vi) has experience in statistics; and (vii) has experience in the financial field; and (c) due attention is given to the representivity of the Council in terms of such relevant factors as race, gender and disability. (4) The Minister must invite nominations for the: appointment of the members contemplated in subsection (1) by notice in the Gazette and, in particular, must invite nominations from persons, roleplayers or organisations active or involved in general and further education and training. (5) The Minister must consider the nominations and appoint the members with due regard to the criteria contemplated in subsection (3). (6) Any member contemplated in subsection (1)- ( a ) holds office for a period not exceeding four years; and (b) may be reappointed at the expiry of his or her term of office, but may not serve for more than two consecutive terms of office. (7) The members contemplated in subsection (1) must elect one person as a deputy chairperson from amongst their number. Vacation of office and filling of vacancies 7. (1) A member of the Council contemplated in section 6( 1) must vacate his or her office if he or she- (a) resigns by giving written notice to the chairperson, or in the case of the chairperson, to the Minister; (b) is absent from three consecutive meetings of the Council, without leave of the (c) Council; is declared insolvent, is removed from an office of trust by a court of law or is convicted of an offence for which the sentence is imprisonment without the option of a fine; or 20 25 30 35 40 45 50 (d) is declared unable to manage his or her personal affairs by a court of law. (2) The Minister may revoke the appointment of any member of the Council appointed in terms of section 6(5) at any time before the expiry of his or her term of office, if there are sound reasons for doing so. (3) If a member of the Council vacates his or her offic:e or if his or her appointment is * revoked in terms of subsection (2), the resultant vacancy must be filled by appointment 55 in accordance with section 6. Act No. 58,2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE ACT, 2001 Committees of Council 8. (1) (a) The Council may establish one or more Icommittees which may perform such functions of the Council as the Council may determine. (6) A committee established under paragraph (a) m u s perform its functions subject to the instructions of the Council. 5 (2) A committee may include a person who is not a member of the Council but the Council must give due regard to the criteria contemplated in section 6(3) when it appoints such a person to a committee. (3) The Council must appoint a member of the Council as chairperson of a committee. (4) A member of a committee is appointed for such period as the Council may 10 determine. Meetings of Council and committees 9. (1) The Council and its committees must meet at least twice a year at such times and places as the relevant chairperson may determine by notice in writing to the members concerned. 1s (2) The chairperson must convene a meeting of the ICouncil- (a) within 14 days of the receipt of a written request signed by at least one third of the members of the Council; or (6) if requested by the Minister to convene a meeting. (3) If the chairperson and deputy chairperson of the Council are absent from any meeting, the members present must appoint a person from among themselves to preside at that meeting. 20 (4) The Council must make rules relating to the procedure at meetings of the Council and its committees, including the quorum for such meetings, and any other matter necessary or expedient for the performance of the functions of the Council or its committees. ( 5 ) The proceedings at a meeting of the Council or a committee are not invalid by reason only of the fact that a vacancy exists on the Council or committee, as the case may be, at the time of such meeting. 25 Allowances and remuneration of members of Council and committees 30

10. Any member of the Council appointed in terms of section 6(S) and any person appointed as a member of a committee in terms of section 8(2) who is not in the full-time service of the State may, in respect of services rendered by him or her in connection with the affairs of the Council or a committee, as the case m,ay be, be paid by the Council- (a) such travelling, subsistence and other allowa~nces; and (b) in the case of the chairperson of the Council, such additional remuneration, 3s as the Minister, with the concurrence of the Minister of Finance, may determine. Appointment of Chief Executive Officer and staff 11. (1) The Minister must appoint a Chief Executive Officer for the Council on the recommendation of the members of the Council appointed in terms of section 6(S). 40 (2) If the Minister does not agree with a recommendation of the members of the Council, they must make another recommendation for consideration by the Minister. (3) The Council must appoint such number of employees to assist the Council in the performance of its functions as it may deem necessary. (4) Despite subsection (l), the Council is the employer of the Chief Executive Officer and employees and must determine their remuneration, ,allowances, subsidies and other conditions of service. 45 Functions of Chief Executive Officer

12. The Chief Executive Officer- (a) is responsible for the work in connection with -the performance by the Council of its functions in terms of this Act; (6) must assign responsibilities and supervise the employees of the Council; (c) is the accounting officer to the Council charged with accounting for moneys received, payments made and movable property purchased by the Council in so 12 No. 22896 Act No. 58,2001 GOVERNhEENT G . k Z E m , 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION TRAIhTNG QUALITY ASSURANCE ACT. 2001 Funds of Council 13. (1) The funds of the Council consist of- (a) money appropriated by Parliament; (b) donations and contributions received by the (Council; (c) money received by the Council in respect of fees charged for services; (d) interest received on investments referred to in subsection (5); ( e ) money obtained by way of loans, subject to chapter 8 of the Public Finance 10 5 Management Act, 1999 (Act No. 1 of 1999); and cfl any other income received by the Council. (2) The Council- (a) must keep a record of all funds received and spent and of all assets, liabilities and financial transactions; 15 (b) subject to Chapter 6 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), and at such time and in such manner as the Minister may determine, must in each financial year submit a budget for the ensuing financial year to the Minister for his or her approval; (c) may in any financial year submit adjusted budgets to the Minister for his or her 20 approval; and (d) may not incur any expenditure which exceedis the total amount approved in terms of paragraphs (b) and (c). (3) If the Minister does not approve the budget of the Council, the Minister must require the Council to provide a revised budget to him or her within a specified period. 25 (4) Subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999), the funds contemplated in subsection (1) must be used by the Council in accordance with the approved budget. ( 5 ) Subject to subsection (4) and the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Council may invest surplus funds. 30 Alienation and encumbrance of property

14. The Council may not without the prior approval of the Minister, granted with the concurrence of the Minister of Finance- (a) let, sell, exchange or otherwise alienate its immovable property; or (b) as long as a guarantee in terms of section 70 of the Public Finance 35 Management Act, 1999 (Act No. 1 of 1999), i:s in force in respect of any loan granted to the Council- (i) mortgage or otherwise encumber its immovable property acquired with (ii) money obtained by means of that loan; a.nd let, sell, exchange or otherwise alienate, or hypothecate or otherwise 40 encumber its movable property acquired with money obtained by means of that loan. Audit and annual report 15. (1) The statements of account and balance sheet of the Council must be audited at the end of each financial year by a person registered a,s an accountant and auditor in 45 terms of the Public Accountants’ and Auditors’ Act, 15191 (Act No. 80 of 1991), and appointed by the Council with the approval of the Auditor-General. ( 2 ) The Council must not later than five months after the end of each financial year submit to the Minister an annual report in such form as ‘the Minister may determine on the performance of its functions during that financial year, including an audited balance 50 sheet and a statement of income and expenditure. (3) The Minister must table the annual report, including the balance sheet and statement of income and expenditure referred to in subsection ( 2 ) , in Parliament within 14 No. 22896 Act No. 58,2001 GOVERNMENT GAZETTE, 5 DECEMBER 200 I GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE .4CT. 2001 one month after receipt thereof, if Parliament is then sitting, and if Parliament is not then sitting, within one month after the commencement of the next sitting. Functions of Council 16. (1) The Council must perform its functions subject to- ( a ) the South African Qualifications Authority A'ct, 1995 (Act No. 58 of 1995); (b) the National Education Policy Act, 1996 (Act No. 27 of 1996); and (c) any directive prescribed to it by the Minister. 5 (2) The Council must meet the criteria for accreditation and perform the functions of an Education and Training Quality Assurance Body for the general and further education and training bands of the National Qualifications Framework. (3) The Council may, with the approval of the Minister and the South African Qualifications Authority, assume its functions progressively depending on its capacity. (4) Subject to subsection (3), the Council must- accredit providers as contemplated in Chapter 3; monitor the suitability and adequacy of standards and qualifications; ensure that providers adopt quality management systems for learner achieve- ment; assure the quality of learner assessment at exit points; issue certificates of learner achievement in tenns of standards or qualifications registered on the National Qualifications Framework; maintain an acceptable data bank and follow acknowledged recording and reporting procedures; promote quality improvement among providers; and monitor and report to the Minister on the performance of departments of education as providers, and recommend steps to rectify any deficiencies. ( 5 ) Subject to policy determined in terms of section 3(4) of the National Education Policy Act, 1996 (Act No. 27 of 1996), the Council, with regard to external assessment- (a) must perform the external moderation of assessment of all providers and assessment bodies; (b) must, in concurrence with the Director-General and the relevant provider, approve the publication of the results of learners if the Council is satisfied that the provider or assessment body has- (i) conducted the assessment free from any irregularity that may jeopardise the integrity of the assessment or its outcomes; (ii) complied with the requirements prescribed by the Council for conduct- ing assessments; 10 15 20 25 30 35 (iii) applied the norms and standards prescribed by the Council and the South Afiican Qualifications Authority, which a leamer is required to comply with in those assessments in order to obtain a certificate; and 40 (iv) complied with every other condition determined by the Council; and (c) may adjust raw marks during the standardisation process. (6) The Council may accredit an assessment body in accordance with the criteria determined by the South African Qualifications Authority and approved by the Minister. (7) Subject to section 74 of the Higher Education Act, 1997 (No. 101 of 1997), the 45 Council may endorse a certificate of a learner who hals complied with the minimum requirements for admission to study at a higher educatison institution with the approval of the South African Universities Vice-Chancellors' Association, the Committee for Technikon Principals or any other similar body recognised by the Minister, as the case may be. 50 Internal assessment that forms part of final assessment 17. (1) The Council may issue directives for internal assessment to ensure the reliability of assessment outcomes. (2) The directives contemplated in subsection (1) must include measures for verification. 55 16 No. 22896 Act No. 58,, 2001 GAZETTE, GOVERNMENT

5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE PLCT, 2001 (3) Assessment bodies must monitor the implementation of the Council's directives and report any irregularity without delay to the Council in writing, as well as the steps taken to deal with the irregularity. Functions of provider or assessment body with regard to external assessment

18. In respect of an external assessment and subject to policy determined in terms of section 3(4) of the National Education Policy Act, 1996 (Act No. 27 of 1996), an assessment body- 5 (a) must take adequate measures to combat inregularities at assessment and marking centres and must take adequate security measures to ensure the confidentiality and integrity of the assessments; (b) must ensure that assessment is representative of the prescribed subject matter; (c) must ensure that assessment is moderated by at least one competent internal moderator appointed by the assessment body:, (d) must submit assessment material to an e x t e n d moderator for confirmation that the material conforms to the required standards; (e) must ensure that a sample of the assessment scripts or other assessment is moderated by an external moderator appointe:d by the Council; cf) must schedule a particular assessment session for a stipulated date and time on 10 15 the assessment time-table; (g) must supply the Council on or before a date, and in the form, determined by 20 the Council with a mark or other record as, required for each assessment undertaken; (h) must without delay and in writing supply the Council and the Director- General with full details of any irregularity that occurred in respect of such assessment and the steps taken to deal with the irregularity; ( i ) must publish the results of the assessment after obtaining the approval of the 25 Council; and (j) may recommend to the Council during the standardisation process that raw marks be adjusted. Duty of Council to report irregularities to Director-(General 30

19. The Council must report any irregularity which may jeopardise the integrity of an assessment or its outcome to the Director-General. Functions of Minister and Director-General with regard to external assessment 20. (1) The Director-General must- (a) promote the integrity of the external assessmlent system; (b) monitor the conduct of the Council and assessment bodies; and (c) inform the Minister of any irregularity reported in terms of section 19. (2) The Minister may institute an investigation into amy irregularity contemplated in subsection (l)(cj. Cancellation of certificates 21. (1) The Council may refuse to issue a certificate if a substantial irregularity has occurred in relation to an external assessment. ( 2 ) The Council may cancel a certificate that has been issued to a learner if on investigation the Council found that the learner has not met the requirements for the qualification. (3) The Council may by notice in writing direct a learner whose certificate has been cancelled to return the certificate to the Council within three weeks after such notice. 35 40 45 18 No. 22896 Act No. 58,2001 GOVERNMENT GAZETTE. 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE ACT, 2001 (4) Any person who fails to comply with such notice is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months. CHAPTER 3 ACCREDITATION OF PROVTDERS PART 1 PUBLIC PROVIDERS 5 Accreditation of provincial education departments 22. (1) Every department responsible for education in ;a province must be regarded as having been accredited as a public provider by the Council. (2) The Council must develop criteria for accreditation to which a department 10 responsible for education in a province must adhere and submit them to the Minister for approval. (3) The Minister must determine policy in respect of such criteria in terms of the National Education Policy Act, 1996 (Act No. 27 of 1996). (4) The policy contemplated in subsection (3) is binding on any department 15 responsible for education in a province and on public education institutions established in terms of legislation referred to in section 2. (5) The Council must monitor compliance with the policy contemplated in subsec- tion (3). (6) If a department responsible for education in a province fails to comply 20 substantially with the policy contemplated in subsection (3), the Council must- (a) notify such department in writing of its failure auld set out the policy which the department failed to comply with; and ( 6 ) specify in the notice a reasonable period within which the department must comply with the policy. (7) ( a ) If the department does not comply with the policy within the period specified in the notice contemplated in subsection (6), the Council must inform the Minister of the failure. (b) The Council must submit a copy of the written notice contemplated in subsection (6)(a) to the Minister when it acts in terms of paragraph (a). (8) Subject to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and section 8 of the National Education Policy Act, 1996 (Act No. 27 of 1996), the Minister must request the member of the executive council responsible for education in the province in question to give a detailed report on why the provincial education department has not complied with the policy. (9) After consideration of all the relevant factors, the Minister must direct the Council and the provincial education department as to what reasonable steps each must take to solve the problem. 25 30 35 PART 2 PRIVATE PROVIDERS 40 Accreditation of private providers 23. (1) The Council must develop criteria for accredit,ation of private providers and submit them to the Minister. National Education Policy Act, 1996 (Act No. 27 (2) The Minister must determine policy in respect of such criteria in terms of the 19986). of (3) The policy contemplated in subsection (2) is binding on all private providers. (4) Any person who is required to register as- (a) an independent school in terms of the South African Schools Act, 1996 (Act 45 No. 84 of 1996); (b) a private further education and training institution in terms of the Further 50 Education and Training Act, 1998 (Act No. 98 of 1998); or (c) a private centre in terms of the Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000), must apply to the Council for accreditation in the manne:r determined by the Council. 20 No. 22896 Act No. 58,2001 GOVERNMENT GAZETTE, 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSIJRANCE ACT, 2001 (5) An applicant for accreditation must submit any additional information required by the Council. (6) (a) The Council must conclude its evaluation of the applicant and its educational programmes within a period of six months. (b) The Minister may extend the period contemplated in paragraph (a) if there are reasonable grounds for an extension. (7) The Council may- (a) grant accreditation; (b) grant provisional accreditation; ( e ) refuse accreditation; or (d) refer the application back to the applicant for additional information. 5 10 Notification of accredited programmes 24. (1) The Council must within 14 days of accrediting the programmes as contemplated in section 23- (a) in the case of a provider contemplated in section 23(4)(b), notify the registrar 1.5 of further education and training institutions; and (b) in the case of a provider contemplated in section 23(4)(a) or (c), the relevant head of department. (2) The notification must indicate if any conditions are attached to the accreditation and the nature thereof. Failure to comply with policy 20 25. (1) The Council must monitor private providers to ensure compliance with the policy contemplated in section 23(2). (2) If a private provider fails to comply with the policy, the Council must- (a) notify such private provider in writing and set out the nature and extent of the 25 failure; and (b) determine a reasonable period within which the private provider must comply with the policy. (3) At the expiry of the period contemplated in subsection (2)(b), the Council- (a) must evaluate the steps taken by the private provider to comply with the policy 30 and take into account any submissions made by the provider; and the accreditation of the private provider ( b ) may affirm or withdraw the accreditation as from a date specified by Council. (4) Before the Council withdraws an accreditation, it must notify the head of the department or registrar concerned, as the case may be, contemplated in section 24(1) of 35 its intention to withdraw the accreditation and of the da.te of the intended withdrawal. CHAPTER 4 GENERAL Information to be provided to and by Council 26. (I) Every provider and every assessment body must provide the Council with such 40 information as the Council may reasonably require for tihe performance of its functions in terms of this Act. (2) The Council must on request provide such info:rmation as may be reasonably required by any provider or body contemplated in subsection (1). Regulations 45

27. The Minister may make regulations regarding any matter which may or must be prescribed by regulation in terms of this Act, and any matter which it is necessary or expedient to prescribe in order to achieve the objects of this Act. 22 No. 22896 Act No. 58,2001 GAZETTE, GOVERNMENT 5 DECEMBER 2001 GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSIJRANCE ACT, 2001 Delegation of powers and assignment of duties 28. (1) The Council may, on such conditions as it may determine, delegate any of its powers and assign any of its duties in terms of this Act to any of its committees or any other appropriate body capable of exercising such power or performing such duty. (2) The Council may delegate any quality promotion and quality assurance which may be performed in terms of this Act to any appropriate Education and Training Quality Assurance Body. 5 (3) A delegation or assignment under subsection (1) or (2)- (a) must be in writing; and ( b ) does not prevent the Council from exercising any power or performing any 10 duty so delegated or assigned. Repeal of laws, savings and transitional arrangements 29. (1) Subject to this section, the South African Certification Council Act, 1986 (Act No. 85 of 1986), the South African Certification Council Amendment Act, 1992 (Act No. 89 of 1992), section 65 of the General Law Third Amendment Act, 1993 (Act No. 1.5 129 of 1993), and sections 1 , 2 and 3 of the Education Laws Amendment Act, 1999 (Act No. 48 of 1999), are hereby repealed. (2) The South African Certification Council established by section 2 of the South African Certification Council Act, 1986 (Act No. 85 of 1986), continues to perform the functions which it performed prior to the commencement of this Act but ceases to exist 20 on the day immediately before the date of the first meeting of the Council, and all rights, obligations, assets and liabilities acquired or incurred by the South African Certification Council immediately vest in the Council and the Council must be regarded as having acquired or incurred such rights, obligations, assets and liabilities in terms of this Act. (3) Any regulations made or anything done under any provision of any law repealed 25 by subsection corresponding provision of this Act. (1) must be regarded as having been made or done under the (4) (a) Existing agreements of employment between the South African Certification Council and its employees on the date contemplated in subsection (2) must be regarded as agreements entered into between those employees and the Council, and continue to 30 exist subject to applicable labour laws. (b) The employees contemplated in paragraph (a) must be regarded as having been serving continuously under the same employer .without interruption. Short title

30. This Act is called the General and Further Ed.ucation and Training Quality 3.5 Assurance Act, 2001.