The Chartered Institute for the Management of Assessment Practice (CIMAP) is a professional body and registered Non Profit Organisation. CIMAP is focused on creating a voice for stakeholders in education, training, and development in South Africa. CIMAP is dedicated to supporting the needs of practitioners involved in assessment, moderation, facilitation, and ETD Practice.

1. ASSESSMENT TALK
August 2012
The
Chartered
Institute
for
the
Management
of
Assessment
Practice
(CIMAP)
Board
Members:
Chairperson:
D.E
Damons
MSc;
(FCIEA
U.K)
Vice-­‐Chairperson:
Prof.
M.
Mehl,
Prof.
D
S.
Matjila;
Dr.
W.
Guest-­‐Mouton;
Dr.
K.
Deller;
Mr.
P.
Mathebula
(BEd
Hons)
Mr.
T.
Tshabalala;
Dr.
W.
Goosen,
(FCIEA
U.K);
Mrs.
R.
Pillay
(M.Ed.);
Dr.
M.
Serfontein,
(FCIEA
U.K);
Dr.
L.
Meyer,
(FCIEA
U.K);
HEADOFFICE
CIMAP
Suite
16
Newsle^er
Editor:
Regional
Conveners:
Republic
Rd
Bordeaux H.
D.
Edwards
EC
L.
Findlay
Limpopo
T.
Tshabalala
Randburg
-­‐
2125
GA
H.
Van
Twisk
KZN
J.
Topping
CPT
S.
Louw
FreeState
S.
Lala
T
-­‐
011
329
9000
Ethics
H.
D.
Edwards
F
-­‐
086
218
4466
W
-­‐
www.cimap.co.za REGION
KZN
1st
Floor
Cowey
House
Morningside
Durban
-­‐
4001
M
-­‐
admin@cimap.co.za REGION
WC
CIMAP
Suite
West
Block
Tannery
Park
23
Belmont
Road
Rondebosch
-­‐
7700
Message from the CIMAP Board
Dear
CIMAP
Members, (Grade
12)
is
sufficient
to
gain
entry
into
an
CIMAP
is
the
only
organisation
that
In
this
Women’s
month
of
August
we
reflect
R P L
p r o g r a m m e
o r
a
L e a r n e r s h i p
recognises
all
ETD
Practitioners
-­‐
Facilitators
on
nine
months
of
hard
work
and
we
programme. ( t r a i n e r s ) ;
A s s e s s o r s ;
M o d e r a t o r s ;
recognise
all
the
effort
that
YOU,
our
CIMAP
has
established
an
alliance
with
a
Learnership
Project
Managers;
Coaches
and
Members
have
made.
The
Board
Members
number
of
professional
bodies
which
Materials
Developers.
The
recognition
of
are
cognisant
that
the
life
of
a
Practitioner
includes
a
strong
relationship
with
SABPP
Facilitators
is
long
overdue
in
South
Africa
fluctuates
between
being
wading
through
(South
African
Board
of
People
Practices),
and
we
welcome
the
contribution
they
make
bureaucracy,
guiding
Learners
to
achieve
the
South
African
Payroll
Association
and
to
the
upliftment
of
individuals.
excellence
and
finding
new
business. PRISA
(Public
Relations
Institute
of
South
This
month
will
also
see
the
unveiling
of
Practitioners
all
over
the
country
who
are
Africa).
additional
CPD
programmes
allowing
proud
Members
of
CIMAP
continue
to
assist
That
notwithstanding,
we
continue
our
quest
Practitioners
the
means
to
add
an
additional
Board
Members
in
creating
a
framework
to
provide
a
framework
that
demands
layer
of
quality
to
everything
they
do.
It
is
within
which
Practitioners
can
excel
and
quality
practices
from
quality
conscious
incumbent
on
every
Practitioner
in
South
show-­‐case
their
ethical
and
professional
Practitioners.
A f r i c a
t o
c o n t i n u o u s l y
s t r i v e
f o r
conduct
and
their
pride
in
the
quality
of
work
improvement
-­‐
even
when
it
seems
as
if
all
they
produce. the
odds
are
stacked
against
you.
With
the
At
Board
level
the
Members
have
not
been
quality |ˈkwäləәtē| CIMAP
CPD
Programme
YOU
select
the
CPD
programmes
that
best
represent
your
flair;
resting
on
their
Laurels.
In
the
last
four
the
area
where
you
would
most
like
to
show-­‐
months
we
have
secured
representation
on
skill,
skilfulness,
virtuosity,
case
your
constituency.
the
Western
Cape
Premier
Skills
Council
and
expertise,
brilliance,
we
have
obtained
a
directive
from
SAQA
in
The
Board
extends
its
gratitude
to
every
relation
to
RPL
and
Learnerships.
This
craftsmanship,
flair,
finish,
CIMAP
member
for
contributions
made
to
directive
has
clarified
Credit
Application
mastery. assessment
practice.
Transfer
(CAT)
in
that
a
Matric
Certificate
Yours
in
assessment
excellence!
1
www.cimap.co.za
⇢

2. CIMAP ASSESSMENT TALK AUGUST 2012
IS THERE VALUE IN ATTENDANCE THE ROLE OF WOMEN IN
(NON-CREDIT BEARING) EDUCATION TRAINING &
DEVELOPMENT
PROGRAMMES?
Dr.
Wilma
Guest-­‐Mouton We
are
silent
leaders.
We
care,
we
nurture,
we
love,
we
Currently
there
is
a
huge
focus
on
credit
bearing
courses
and
skills
encourage,
we
support,
we
empathise
and
we
treat
everybody
programmes
in
our
country.
Sometimes
non-­‐credit
bearing
or
equally.
Our
Learners
are
precious
and
we
guide
them
to
fulfil
attendance
courses
are
seen
as
a
waste
of
time
or
a
waste
of
goals
and
to
reach
aspirations,
yet
there
is
no
fanfare
that
money. precedes
our
entry
into
the
classroom.
Who
are
we?
We
are
However,
in
my
thirty
years
as
a
trainer
I
have
experienced
the
women
in
Education
Training
&
Development
(ETD)
in
South
value
of
attendance
courses.
If
you
walk
down
the
street
and
one
Africa.
of
the
learners
who
attended
a
class
five
years
ago
walks
over
to
There
are
centres
for
women
in
education;
there
are
annual
you
and
say:
“Hi,
I
still
remember
what
you
taught
me:
behaviour
world-­‐wide
conferences
that
seek
to
expose
gender
inequalities
breeds
behaviour”
you
know
that
you
have
made
a
positive
in
education;
there
are
more
women
than
men
who
earn
their
difference
in
someone’s
life.
Experience
has
taught
me
PhDs;
there
are
female
Principals;
there
are
Practitioners
who
that
a
trainer
should
be
well
trained,
well
prepared,
make
a
real
difference
in
vocational
training;
there
are
women
who
hold
office
at
different
universities
AND
there
are
people
full
of
positive
energy,
caring
their
learners
and
he/
who
believe
women
are
better
suited
to
teaching
than
men.
she
should
know
what
they
are
talking
about.
The
tenor
of
this
article
is
not
whether
we
should
or
should
not
be
It
is
my
belief
that
we
train
principles,
thus
fundamental
educated,
nor
is
it
whether
man
prefers
an
educated
woman
(or
truths.
Once
we
know
the
fundamental
truth
of
a
topic
the
rest
is
not),
despite
Daniel
Defoe’s
opening
line
in
the
Harvard
Classics
really
application
thereof.
If
a
trainer
thus
conceptualise
the
topic
English
Essay
(1904-­‐1914)
–
“I
have
often
thought
of
it
as
one
of
and
knows
what
he/she
needs
to
transfer
the
rest
is
easy.
the
most
barbarous
customs
in
the
world,
considering
us
as
a
For
me
the
value
of
a
good
training
session
is
not
necessarily
civilized
and
a
Christian
country,
that
we
deny
the
advantages
of
whether
the
learner
will
be
assessed
or
not,
but
whether
the
learning
to
women.”
learner
is
given
the
opportunity
to
participate
actively,
to
build
In
August
every
year
we
celebrate
the
contribution
that
women
confidence
and
to
understand
the
topic.
make
to
society.
Why
not
celebrate
the
contribution
we
make
in
I
do
understand
that
credit
bearing
programmes
are
important
and
to
the
field
of
ETD?
for
learners
who
need
to
obtain
qualifications,
but
it
should
not
be
seen
as
the
be
all
and
end
all
of
education. I
don’t
need
to
look
outside
my
circle
to
find
great
women
who
As
for
non
credit
bearing
courses
or
attendance
courses,
I
think
are
active
in
the
field
of
education
and
training.
Amongst
my
providers
and
trainers
should
be
selected
very
carefully.
Quality
peers
I
find
women
who
have
made
and
continue
to
make
a
checks
(not
only
head-­‐counts)
should
also
be
done
by
the
measurable
difference
in
the
lives
of
others.
Women
who
relevant
ETQA
to
ensure
that
value-­‐added
training
takes
place.
I
tirelessly
work
to
teach
values
and
personal
effectiveness,
who
also
think
that
numbers
of
learners
(especially
in
the
voucher
teach
healthcare,
women
who
train
young
people
the
rudiments
project)
should
be
limited
to
16,
by
doing
that
a
facilitator
will
be
and
secrets
of
leadership,
women
who
guide
school
leavers
able
to
interact
with
all
learners. through
the
maze
that
is
entrepreneurship.
These
are
women
Training
of
trainers
should
also
receive
priority.
who
navigate
the
convoluted
EDT
system
to
ensure
that
Learners
succeed
despite
overwhelming
odds.
Women
who
convey
the
message
through
their
flair
and
enthusiasm
for
all
things
If
we
educational.
All
these
women
are
tireless
in
their
efforts
to
send
quality
trainers
into
inculcate
a
love
of
learning.
the
field
we
will
get
quality
We
are
unsung
heroes
–
not
stage
performers.
To
all
women
in
learners
in
the
field,
and
we
will
get
ETD:
-­‐
results
whether
the
training
is
credit
Thank
you
-­‐
Siyakubonga
–
Merci
-­‐
Siyakubonga
ntomb'
entle
–
bearing
or
non-­‐credit
bearing. ons
ondersteun
jou
–
Siyakukhahlela
–
Obrigado
–
Diolch
-­‐
Dankon.
INTEGRITY ;; DISCIPLINE ;; CREDIBILITY
Heidi
D
Edwards
is
an
independent
(female)
ETD
Practitioner
and
Convener:
Ethics
&
Accountability
at
CIMAP.
E D C
T U A
E
2
www.cimap.co.za
⇢

3. CIMAP ASSESSMENT TALK AUGUST 2012
CONTRACTING CONSTITUENT ASSESSORS AND MODERATORS IN THE
OCCUPATIONS AREA
Selecting
an
outsourced
contracted
constituent
Assessor
and
report
from
the
ETQA,
listing
the
qualifications
they
may
assess
Moderator
is
by
no
means
an
easy
feat.
Well
before
you
engage
against,
and
that
identity
numbers
correspond.
their
services;
make
sure
you
know
more
about
the
professional
Do
not
rush.
Do
a
proper
background
investigation.
Resist
than
just
their
name
and
e-­‐mail
address.
Many
providers
have
constituent
Assessor
and
Moderator
that
want
monthly
retainers,
found
themselves
in
very
difficult
situations
i.e.
Portfolios
of
and
have
no
record
of
accomplishment.
Evidence
being
misplaced,
Assessor
and
Moderator
disappearing
with
learner
portfolios
etc.
code
of
conduct
and
Make
sure
you
complete
a
Make
sure
you
engage
the
services
of
a
legal
professional
to
draft
professional
work
ethic
confirmation
with
your
your
contracts
and
that
you
protect
yourself,
your
clients
and
contracted
constituent
Assessor
and
Moderator.
learners
when
you
make
use
of
outsourced
Assessors
and
Make
sure
that
the
constituent
Assessor
and
Moderator
and
their
Moderators.
companies
are
properly
registered
with
SARS
and
if
you
are
engaging
with
an
organisation
that
the
organisation
is
registered
There
is
a
wide
distinction
in
the
range
of
products
and
services
with
CIPC
(old
CIPRO).
offered
by
assessment
and
moderation
professionals.
Make
sure
Conduct
an
internet
search
on
the
individuals
or
companies
you
you
understand
what
the
SAQA
&
ETQA
requirements
are
for
have
shortlisted.
You
will
obtain
valuable
information
about
the
Assessment
and
Moderation
Practices. individuals
concerned.
Many
professional
bodies
are
active
in
regulating
standards
in
Make
sure
your
Assessors
and
Moderators
are
properly
qualified
their
industries,
and
work
closely
with
ETQAs.
It
is
also
hoped
and
have
valid
qualifications.
Foreign
qualifications
should
have
a
that
the
QCTO
will
bring
greater
certainty
with
respect
to
SAQA
evaluation
report
attached.
Contact
academic
institutions
if
you
are
in
doubt.
It
has
to
happen
that
institutions
do
not
offer
administrative
requirements.
the
specified
qualification
claimed
by
individuals
or
that
they
only
The
value
of
professional
references
is
essential.
Make
sure
you
started
offering
the
qualifications
later
than
the
qualification
request
ETQA
External
Moderation
reports
where
you
Assessor
award.
and
Moderator
were
involved,
(make
sure
that
their
names
are
A
constituent
Assessor/Moderator’s
status
must
be
current
and
reflected
in
the
reports).
Ask
for
several
references
if
you
receive
up-­‐to-­‐date.
a
name
of
an
Assessor
and
Moderator
from
an
individual
or
group
Fees
for
Assessors
and
Moderators
that
you
do
not
know. Our
research
has
shown
there
is
a
plethora
of
fee
structures
on
Talk
with
several
Assessors
and
Moderators.
Meet
them
face-­‐to-­‐ offer,
ranging
from:
-­‐
face.
An
hourly
fee
to
Enquire
about
their: A
flat
fee
per
PoE
to
Areas
of
speciality; A
flat
fee
per
credit
OR
Professional
designations; A
flat
fee
per
qualification
Registrations
or
licenses; There
are
no
prescribed
fees
for
Assessment,
nor
for
Moderation
Education; and
Practitioners
will
take
into
account
many
factors
when
calculating
their
fees.
Factors
such
as:
-­‐
Work
history;
The
number
of
Portfolios
being
assessed.moderated
Assessment
experience;
Whether
this
is
a
once-­‐off
contract
or
recurring
business
Moderation
experience;
Urgency
of
the
requirement
Disciplinary
history;
Whether
this
is
a
first,
second
or
third
assessment
Professional
awards
and
recognition; Whether
it
is
a
Skills
Programme,
full
qualification
or
a
short
INTEGRITY ;; DISCIPLINE ;; CREDIBILITY
References
who
can
be
contacted
(make
sure
you
speak
to
course
that
is
being
assessed/moderated
more
than
one
person
in
an
organisation).
Confirm
a
Practitioner’s
professional
designation
by
contacting
Many
the
professional
body
to
determine
whether
the
Practitioner
is
professional
bodies
are
active
in
authorized
to
use
the
designation
and
whether
the
Practitioner
regulating
standards
in
their
industries,
has
been
meticulous.
Make
sure
you
understand
the
and
work
closely
with
ETQAs.
It
is
also
hoped
requirements
for
a
professional
designation,
including
that
the
QCTO
will
bring
greater
certainty
examinations
and
continuing
professional
development
etc.
with
respect
to
administrative
requirements.
Make
sure
you
address
issues
such
as
re-­‐assessments,
appeals
and
the
consequences
of
the
contractual
relationship
and
liability
in
the
event
the
external
moderation
process
does
not
uphold
the
INSIST
ON
ETHICAL
PRACTICE
assessment
and
moderation
activities.
ADVERTISING
IN
THE
CIMAP
VERIFY
CREDENTIALS
NEWSLETTER
Constituency
and
registration
must
be
confirmed
by
the
LOOK
FOR
QUALITY
respective
ETQAs.
Make
sure
the
Assessor
and
Moderator
has
a
Contact
khanyi@cimap/co.za
to
showcase
your
ETD
services
in
our
newsletter
3
www.cimap.co.za
⇢

4. CIMAP ASSESSMENT TALK AUGUST 2012
THE IMPLEMENTATION OF THE NEW DHET LEARNING PROGRAMME
REGULATIONS, JULY 2012 AND THE REPEAL OF THE LEARNERSHIP
REGULATIONS 2007
Article
by
Dr.
Linda
Meyer
Excessive
delays
in
securing
external
moderation
The
new
regulations
state
that
NAMB
must
recommend
to
the
Quality
Council
for
Trades
and
Occupations
(QCTO)
within
and
programme
evaluation
dates
have
resulted
in
10
working
days
after
the
verification
to
issue
a
learners
with
providers
being
unable
to
exit
learners.
The
net
effect
is
that
certificates.
learners
cannot
prove
they
have
obtained
prerequisite
qualifications
to
secure
employment,
in
some
reported
cases
in
For
other
learning
programmes,
quality
partners
must
advise
excess
of
36
months.
Lengthy
delays
are
in
breach
of
the
the
QCTO
and
SETA
of
the
learner
results
within
21
days.
The
Administrative
Justice
Act,
20853
of
2000.
One
of
the
most
QCTO
then
has
10
days
to
issue
learner
certificates.
underutilized
pieces
of
legislation,
the
Administrative
Justice
Act
Parties
that
wish
to
raise
a
dispute
with
the
SETA
or
QCTO
supports
the
Constitutional
security
of
fair
administrative
justice
must
do
so
first
with
the
SETA/NAMB
and
then
the
QCTO.
from
all
organs
of
state.
The
Act
was
instituted
“To
give
effect
to
Only
once
this
avenue
has
been
exhausted
should
parties
the
right
to
administrative
action
that
is
lawful,
reasonable
and
pursue
legislative
dispute
resolution
processes
provided
for
in
procedurally
fair
and
to
the
right
to
written
for
administrative
the
CCMA
and
jurisdictional
courts.
action
as
contemplated
in
section
33
of
the
Constitution
of
the
Transitional
arrangements
have
been
made
for
the
teach
out
Republic
of
South
Africa,
1996;
and
to
provide
for
matters
period
of
historic
programmes
and
affected
provider
incidental
thereto”.
accreditation.
The
Learnership
Regulations,
2007
are
being
repealed
and
The
new
regulations
do
not
provide
for
an
independent
replaced
by
the
Learning
Programme
Regulations,
2012.
The
monitoring
and
complaints
mechanism,
but
rather
seeks
to
Proposed
Learning
Programme
Regulations,
2012
aims
to
place
resolve
disputes
within
the
structures
responsible
for
its
greater
accountability
and
firmer
turnaround
times
on
SETAs.
It
is
implementation.
however
unclear
how
in
the
absence
of
current
capacity
to
deliver
in
more
lenient
timeframes,
SETAs
will
be
in
an
improved
position
Prior
to
lodging
a
dispute,
it
is
important
that
providers:
to
comply
with
the
new
regulation
timelines.
It
is
however
1. Keep
a
detailed
record
of
engagement
with
the
relevant
important
that
clear
policy
directives,
systems
improvements
and
SETA.
accountability
underpin
the
new
regulations.
2. Reduce
everything
to
writing.
i.e.
send
an
e-­‐mail
in
confirmation
of
a
discussion.
3. Write
to
the
ETQA
Manager
and
lodge
a
formal
complaint.
4. Lodge
a
call
with
the
Hotline
if
one
is
available,
and
obtain
a
reference
number.
5.
Lodging
a
dispute
with
the
QCTO.
6. Pursue
other
avenues
to
seek
administrative
justice
and
statutory
remedies
If
no
resolution
is
confirmed.
The
Business
Day
(JULY
25
2012),
reported
that
SETAs
have
come
in
for
heavy
criticism
for
failing
to
provide
some
students
with
We
look
forward
to
the
new
regulations,
and
are
cautiously
certificates
after
completed
training.
It
was
reported
that
the
optimistic
that
learners
will
be
in
a
position
to
receive
their
Democratic
Alliance
received
a
number
of
requests
for
assistance
certificates
within
the
specified
timeframes.
from
students
and
service
providers
who
had
not
received
certificates,
which
was
keeping
young
people
out
of
jobs.
In
some
cases
students
had
been
waiting
for
up
to
three
years.
The
article
further
highlighted
the
Department
of
Higher
Education
and
Training
confirming
that
one
reason
for
the
delay
in
issuing
INTEGRITY ;; DISCIPLINE ;; CREDIBILITY
certificates
was
that
some
Setas
had
not
kept
proper
records.
The
department's
director
general,
Gwebinkundla
Qonde,
said
that
the
department
was
"working
very
hard"
with
the
Setas
to
make
sure
the
affected
students
would
receive
their
certificates.
Of
particular
interest
are
the
following
Learning
Programme
Regulations,
2012
amendments:
Learners
will
be
conditionally
registered
for
30
days
on
a
learning
programmes,
in
which
time
the
learning
programme
must
be
registered
with
the
SETA.
SETAs
then
have
7
working
days
in
which
to
register
Learnership
Agreements.
The
regulations
state
that
the
SETA
must,
within
the
same
seven
days,
decide
if
they
will
fund
the
CIMAP
learnership
or
not.
SETAs
must
further
advise
parties
if
they
IS PROUDLY
decide
not
to
register
the
learnership
agreement. ASSOCIATED WITH SABPP;
The
new
regulations
state
that
the
learnership
employment
PRISA & SA PAYROLL
contract
comes
into
effect
once
the
agreement
has
been
ASSOCIATION
“conditionally
registered”.
4
www.cimap.co.za
⇢

5. CIMAP ASSESSMENT TALK AUGUST 2012
2012 LABOUR LAW AMENDMENTS - EMPLOYMENT CREATION OR A
VEHICLE TO CREATE FURTHER UNEMPLOYMENT, YOU BE THE JUDGE...
The
hotly
debated
labour
law
amendments
are
in
the
The
Labour
Court
can
determine
whether
the
employee’s
process
of
being
enacted.
A
number
of
changes
were
made
contract
complies
with
the
obligations
of
the
law.
through
the
engagement
process
at
NEDLAC.
It
is
clear,
judging
Aim
to
ensure
that
employees
can
only
be
employed
by
a
TES
from
recent
media
reports
and
public
statements,
that
a
true
if
they
are
performing
a
temporary
service,
for
six
months
or
consensus
has
not
been
reached.
SA’s
jobless
rate
remained
high
less;
at
24.9%,
meaning
that
4.47-­‐million
people
are
without
jobs.
Is
employed
to
replace
somebody
who
is
temporarily
absent;
In
a
recent
submission
to
the
parliamentary
labour
portfolio
or
is
employed
to
do
work
for
a
period
determined
by
a
committee,
Business
Unity
SA
described
the
amendments
as
collective
agreement;
being
deeply
problematic,
and
added
that
their
calculations
If
none
of
these
circumstances
apply,
then
the
TES
employee
is
suggested
that
at
least
215,150
jobs
would
be
lost
as
a
direct
result
deemed
to
be
an
employee
of
the
client
of
the
TES
and
is
entitled
of
the
amendment
dealing
with
equalising
conditions
of
service
to
be
treated
“no
less
favourably”
than
an
employee
of
the
client
between
temporary
and
full-­‐time
staff.
performing
the
same
or
similar
work.
Some
insightful
quotes
have
come
from
all
sectors
of
the
There
are
a
number
of
“justifiable
reasons”
that
will
be
accepted
business
and
labour
community:
for
different
treatment.
“LABOUR
market
regulations
in
SA
are
not
to
Terminating
someone’s
employment
before
the
end
of
the
blame
for
the
country’s
high
unemployment”
International
six-­‐month
period
in
order
to
avoid
having
to
treat
them
the
Labour
Organisation
(ILO)
SA
Director
-­‐
Vic
van
Vuuren. same
as
a
full-­‐time
employee
will
be
regarded
as
a
dismissal.
“The
World
Economic
Forum
ranks
SA
in
the
worst
Arbitrary
limit
of
6
months
to
temporary
employment
four
or
five
countries
in
the
world
in
terms
of
our
contracts,
labour
laws
and
regulations,"
Leoni
Sharp
-­‐
Adcorp. Equal
treatment
of
temporary
and
permanent
workers
after
African
Development
Bank
recently
identified
the
6
month
term,
"excessively
rigid"
labour
market
regulation,
The
provision
that
temporary
workers
may
able
to
sue
for
especially
in
the
"best-­‐off"
African
countries,
as
one
of
the
unfair
dismissal
due
to
an
expectation
of
contract
renewal
or
permanent
employment.
main
stumbling
blocks
to
youth
employment.
On
Organisational
rights:
As
we
had
to
give
a
report
on
the
agreements
from
the
bilateral
process
with
the
ANC,
we
did
indicate
that
in
that
Organizational
rights
could
result
in
a
“proliferation
of
unions”.
process
we
had
not
managed
to
get
an
agreement
to
our
call
The
legislation
—
at
present
before
Parliament
—
aims
to
for
a
ban,
and
that
nevertheless
we
maintained
our
call
for
a
total
ban.
Patrick
Craven,
COSATU
national
spokesperson,
facilitate
the
granting
of
organizational
rights
August
2
2012 to
unions
that
are
"sufficiently
representative"
as
so
deemed
by
the
CCMA,
with
the
result
that
they
would
be
The
public
hearings
are
now
complete,
and
the
amendments
to
afforded
all
the
rights
of
majority
unions
in
the
absence
of
a
the
2009
ANC
election
manifesto
that
promised
amended
majority
union.
legislation
to:
Current
legislation
allows
for
organizational
rights
to
majority
Avoid
the
exploitation
of
workers;
unions,
with
representation
of
50%
plus
1,
and
entitles
them
to
Ensure
decent
work
for
all
workers; access,
subscriptions,
leave
for
trade
union
work,
shop
stewards
Protect
the
employment
relationship; and
disclosure
of
information.
Introduce
laws
to
regulate
contract
work;
Regulate
subcontracting
and
out-­‐
sourcing;
CRITERION
Address
the
problem
of
labour
broking
and
prohibit
certain
or
INTEGRITY ;; DISCIPLINE ;; CREDIBILITY
abusive
practices;
Facilitate
unionisation
of
workers
and
conclusion
of
sectoral
NORM?
collective
agreements
;
Cover
vulnerable
workers
in
these
different
legal
relationships;
Ensure
the
right
to
permanent
employment
for
affected
workers;
Procurement
policies
and
public
incentives
will
include
requirements
to
promote
decent
work.
Some
general
amendments
include:
Labour
brokers
or
temporary
employment
service
providers
(TESs)
The
TES,
not
the
client,
would
remain
the
employer;
The
employee
would
have
additional
protection
including
the
ability
to
institute
proceedings
against
either
the
TES
or
the
client;
5
www.cimap.co.za
⇢

6. CIMAP ASSESSMENT TALK AUGUST 2012
APPETD CLARIFIES RIGHTS OF PRIVATE PROVIDERS IN CONSTITUTION
AND HIGHER EDUCATION LAW
Posted
by
Sylvia
Hammond
on
July
11,
2012
at
16:14 HR
Future
in
April
2011.
Private
training
providers
have
to
register
http://www.skills-­‐universe.com/profiles/blogs/appetd-­‐clarifies-­‐ with
the
DHET,
but
also
be
accredited
by
the
SETA
ETQA
r i g h t s -­‐ o f -­‐ p r i v a t e -­‐ p r o v i d e r s -­‐ i n -­‐ c o n s t i t u t i o n -­‐ a n d -­‐ ? departments,
who
are
not
recognised
by
the
DHET
for
the
xg_source=activity accreditation
of
private
providers
at
those
levels.
(SETA
ETQA
departments
do
accredit
workplace
and
occupationally
directed
The
Constitution,
Section
29,
entrenches
the
right
to
education.
training
providers.
Currently
section
29
reads
as
follows: The
responsibility
now
falls
under
the
QCTO
but
has
been
29
Education provisionally
delegated
back
to
the
SETA
ETQAs.)
Consequently,
(1) Everyone
has
the
right-­‐ they
have
to
accredit
with
UMALUSI
and
CHE.
In
practice,
Training
(a) to
a
basic
education,
including
adult
basic
education;
and Providers
are
on
the
one
hand
warned
that
they
will
be
investigated
and
closed
down
if
they
are
not
correctly
registered
at
(b) to
further
education,
which
the
state,
through
the
correct
department,
but
on
the
other
hand,
the
very
same
reasonable
measures,
must
make
progressively
available
departments
are
sending
providers
from
pillar
to
post
in
the
and
accessible.
process
of
requesting
accreditation
and
registration.
(2) Everyone
has
the
right
to
receive
education
in
the
official
SAQA
has
promised
that
a
letter
will
be
issued
soon
to
address
this
language
or
languages
of
their
choice
in
public
educational
issue.
APPETD’s
CEO
will
be
meeting
with
SAQA
on
12
July
2012
institutions
where
that
education
is
reasonably
practicable.
In
and
we
hope
that
the
promised
letter
will
be
provided
then.
order
to
ensure
the
effective
access
to,
and
implementation
Another
instance
is
that
the
Higher
Education
Act
requires
in
of,
this
right,
the
state
must
consider
all
reasonable
section
51
that
no
person
may
provide
higher
education
unless
educational
alternatives,
including
single
medium
that
person
is
registered
as
a
private
higher
education
institution
institutions,
taking
into
account-­‐ and
also
registered
or
recognised
as
a
juristic
person
in
terms
of
the
Companies
Act
of
1973.
(c) equity;
The
second
requirement
is
apparently
being
interpreted
as
that
(d) practicability;
and the
juristic
person
must
be
able
to
write
“(Pty.)
Ltd
“behind
its
(e) the
need
to
redress
the
results
of
past
racially
name.
Requiring
the
“(Pty.)
Ltd”
means
that
the
company
must
discriminatory
laws
and
practices. have
shareholding
and
paying
out
of
dividends
etc.
This
is
(3) Everyone
has
the
right
to
establish
and
maintain,
at
their
own
certainly
not
what
is
required
by
either
the
Higher
Education
Act
or
expense,
independent
educational
institutions
that-­‐ section
29
of
the
Constitution.
Should
this
be
a
requirement,
then
no
company,
duly
registered,
(a) do
not
discriminate
on
the
basis
of
race;
but
registered
in
terms
of
section
21
of
the
Companies
Act
of
1973
(b) are
registered
with
the
state;
and will
be
able
to
register
as
a
private
higher
education
institution.
(c) maintain
standards
that
are
not
inferior
to
standards
at
This
will
have
disastrous
effects.
One
can
only
hope
that
this
is
a
comparable
public
educational
institutions. case
of
one
departmental
official
who
needs
to
learn
that
the
Companies
Act
also
provides
for
other
juristic
persons.
We
also
(4) Subsection
(3)
does
not
preclude
state
subsidies
for
hope
that
the
officials,
who
work
with
the
application
of
these
independent
educational
institutions.
sections,
also
have
taken
note
of
the
new
Companies
Act
that
Private
providers
are
mostly
concerned
with
their
entrenched
came
into
operation
in
2011.
rights
in
terms
of
subsections
3
and
4
above.
At
the
moment
a
lot
Another
point
of
conflicting
interpretations
is
that
currently
it
is
of
public
debate
is
being
given
to
the
first
subsection,
the
right
to
not
allowed
for
private
providers
of
tertiary
education
to
request
free
higher
education.
I
am
not
going
to
refer
to
this
debate
here.
state
subsidies
for
its
students.
However,
section
29(4)
clearly
provides
that
subsection
(3)
does
not
preclude
state
subsidies
for
“Entrenched
rights”
mean
that
none
of
the
constitutionally
independent
educational
institutions.
This
is
obviously
an
guaranteed
rights
can
be
lightly
disregarded
by
the
state
unless
it
unconstitutional
interpretation.
Nowhere
in
the
legislation
has
it
is
reasonable
and
justifiable
to
do
so,
in
an
open
and
democratic
appeared
yet
that
this
is
absolutely
precluded.
society,
and
only
through
laws
of
general
application,
in
terms
of
This
matter
will
be
taken
up
with
the
relevant
officials
as
the
INTEGRITY ;; DISCIPLINE ;; CREDIBILITY
section
36
of
the
Constitution.
requests
arise.
One
question
that
arises
in
one’s
mind
is
whether
The
rights
entrenched
in
the
Constitution
are
written
very
broadly
any
strings
will
be
attached
to
the
granting
of
state
subsidies,
e.g.
and
vague
in
a
sense
but
with
the
express
instruction
that
national
a
requirement
of
linking
private
providers
to
public
FET
Colleges.
and
provincial
legislation
must
be
formulated
to
give
effect
to
the
APPETD’s
members
are
urged
to
bring
further
instances
of
confusing
interpretation
to
the
attention
of
its
CEO
in
order
to
rights.
assist
APPETD
to
act
as
mouthpiece
for
the
private
providers
of
This
was
also
indeed
the
route
followed
regarding
section
29.
In
education,
training
and
development.
Once
this
is
taken
up
on
order
to
give
content
to
the
Constitution,
Parliament
adopted
behalf
of
the
private
providers,
it
is
to
be
hoped
that
future
national
legislation
regarding
National
Education
Policy;
Adult
confusions
will
be
avoided.
Basic
Education
and
Training;
Basic
Education;
Higher
Education;
The
next
article
will
deal
with
decision-­‐making
by
state
Further
Education
and
Training
Colleges;
and
Skills
Development. departments
and
asking
for
reasons.
List
of
acronyms
The
legislation
is,
however,
overlapping
and
often
the
manner
in
CEO:
Chief
Executive
Officer
which
the
officials
from
the
state
departments
interpret
the
CHE:
Council
on
Higher
Education
legislation
tend
to
be
confusing.
One
example,
which
has
been
DHET:
Department
of
Higher
Education
and
Training
with
us
for
a
long
time
is
the
question
of
accreditation
and
ETQA:
Education
and
Training
Quality
Assurance
body
registration
of
private
providers
offering
courses
with
exit
levels
5
FET:
Further
Education
and
Training
and
6.
QCTO:
Quality
Council
for
Trades
and
Occupations
Ms
Marietta
van
Rooyen
set
out
the
problem
quite
clearly
in
her
SAQA:
South
African
Qualifications
Authority
open
letter
to
the
Minister
of
Education
which
was
published
in
the
6
www.cimap.co.za
⇢