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

2. 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.

3. 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

4. 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

5. 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

6. DISCUSSION
First draft NQF Amendment Bill - published for comments in Government Gazette No 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, (Act No. 67 of 2008)
rectify inconsistencies and close gaps in the Act

7. 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

8. 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

9. 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

10. 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

11. OTHER CONSIDERATIONS Constitutional Implications None
Implications for Vulnerable Groups
Security Implications

12. 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

13. Thank You