DEPARTMENT OF HIGHER EDUCATION AND TRAINING National Qualifications Framework (NQF) Amendment Bill Portfolio Committee on Higher Education and Training 1 August 2018

PURPOSE To ensure that fraud and corruption are dealt with at every level. The Department of Higher Education has seen fit to ensure that people are skilled and educated in a credible way. Therefore this Amendment Bill defines offences, fraud, misrepresentation, requires all private providers to be registered with the State, requires compulsory reporting of fraudulent qualifications from business, organisations, institutions and all levels of government, gives more power to SAQA to evaluate and verify qualifications, and for SAQA to more efficiently coordinate the three Quality Councils.

SUMMARY Cabinet approved that the Minister institute measures to: curb misrepresentation of qualifications and presentation of invalid qualifications in the Public Sector; and hold persons who misrepresent their qualifications or organisations that issue invalid qualifications accountable for their actions NQF Amendment Bill was published for public comment on 18 November 2016 DHET worked with the Office of the State Law Advisor in drafting the NQF Amendment Bill

PUBLIC COMMENTS RECEIVED UFS FREEDOM OF RELIGION SA ANANDA CONSULTING UJ (2) PRIVATE HOTEL SCHOOL SOUTH AFRICAN RESERVE BANK SAQA (2) INSTITUTE OF DIRECTORS THE IIE CHE (2) ISASA CITY AND GUILDS UMALUSI (2) USAf SA PRIVATE HIGHER EDUCATION; ADVTECH; HR SOLUTIONS FOR TRAINING ABSA; LEXIS NEXUS CITY OF EKURHULENI; CITY OF TSHWANE; WOOLWORTHS FINANCIAL SERVICES IFACTS EMPLOYEE SCREEING AND VETTING SERVICES EDUCOR CATHOLIC INSTITUTE OF SA SOUTHERN AFRICAN INSTITUTE FOR BUSINESS ACCOUNTANTS BUSA EMBURY ASDPSA ALLIED HPCSA; INSTITUTE FOR WORK AT HEIGHT SAGE; ALLAN GRAY EXPRESS EMPLOYMENT SERVICES; MPHATLALATSANE MANAGERIAL AND TRAINING CC QCTO(2) QVS QUALIFICATION VERIFICATION SERVICE NSA ICB MIE SMART VETTING SOLUTIONS (2) EOH

STRATEGIC FOCUS The National Development Plan - requires access to education and training of the highest quality leading to improved learning outcomes Outcome 5 of the MTSF – increase in access to programmes leading to intermediate and high-level learning; high-level occupationally-directed programmes; and occupationally-directed programmes in needed areas White Paper for PSET (2014) - the NQF overarches the entire education and training system of South Africa

DISCUSSION First draft NQF Amendment Bill - published for comments in Government Gazette No. 40430 on 18 November 2016 DHET received comments and inputs from various individuals and organisations Comments were considered and amendments were made, including comments from State Law Advisors Main objective of the NQF Amendment Bill: amend and strengthen the current NQF Act, 2008 (Act No. 67 of 2008) rectify inconsistencies and close gaps in the Act

discussion… The Bill addresses the following issues: enabling mechanism for SAQA and the three Quality Councils to have legislative competence to manage the process of fraudulent and misrepresented qualifications SAQA to develop and publish a register for fraudulent and misrepresented qualifications SAQA to advise the Minister on NQF matters after consultation with the Quality Councils

DISCUSSION… The NQF Amendment Bill provides for: amending the Long Title new definitions registered private institutions after the registered qualifications must be accredited by the relevant quality council to offer registered qualifications verification of qualifications/part-qualifications registers for fraudulent and misrepresented qualifications register for professional designations legal duty to report misrepresented qualifications by education institutions, providers and employers

DISCUSSION Compulsory referral of certain employees qualifications or part-qualifications to SAQA for verification Create offences and impose penalties which have a bearing on fraudulent qualifications Matters connected with the Act

OTHER CONSIDERATIONS Implementation Plan Feasible timeframes for implementation Organisational and Personnel Implications Implementation will be through current SAQA structures and relevant quality councils Financial Implications The Act and other relevant legislation deals with the funds appropriated by Parliament and other means as per Section 21 (c). Communication Implications GCIS to be consulted, Minister’s communication, DHET website, social media

OTHER CONSIDERATIONS Constitutional Implications None Implications for Vulnerable Groups Security Implications

DEPARTMENTS AND PARTIES CONSULTED SAQA, Quality Councils DHET branches Key role-players and stakeholders PSET such as USAf, SETAs, institutions, organised business and labour 45 comments were received from the public comment phase DPME issued Socio Economic Impact Assessment certificate

Thank You