The Ministry of Higher Education and Training has noted the judgment made at the Labour Court yesterday, in the matter brought by the CEO of the Services SETA. It is the intention of the Department of Higher Education and Training (DHET) to appeal this judgment on, amongst others, the grounds that we do not think the judge fully applied her mind on the matter, including on the respective roles of the SETAs and the responsibilities placed on the Executive Authority in this regard, in the context of the provisions of the Skills Development Act (SDA, of 1998) and the Public Finance Management Act (PFMA, of 1999). Secondly, we are of the view that parts of this judgment may have serious implications for the boundaries and separation of powers between the judiciary and the role of the Executive.
We however wish to state emphatically that, notwithstanding this judgment and the subsequent legal processes, there is no going back on the path we have undertaken to transform and strengthen the SETA system. The judgment is only a temporary set-back, as we intend to urgently undertake comprehensive legislative changes to ensure more effective oversight of government over the SETAs, align these institutions with the post-school education and training system as a whole, and to ensure that these institutions adequately respond to the national priority of skills development. It is also urgent that SETA governance is aligned to best practices, in order also to ensure that the R8bn in their hands achieve the intended objectives.
Unfortunately, those who will suffer most from this temporary set-back are the millions of unemployed black youth and black workers who require skills in order to respectively improve their prospects for employment and upgrade their skills.
Fortunately the restructuring of the governance of the SETAs and the measures the DHET is undertaking have overwhelming support and backing from many stakeholders and the millions of intended beneficiaries from the SETA system, including the rest of the SETAs who have positively embraced and accepted these changes. Before undertaking these measures we had consulted widely with all the SETAs, including advice from the National Skills Authority (NSA), as required by law.
It is sad that elements within the Services SETA have chosen to prioritise their narrow self-interest above the national interest of skills development for an inclusive growth path. As a department we will not allow the future of millions of our youth and workers to be held at ransom. We therefore urge all the other SETAs, stakeholders, employers, workers and our youth not to be defocused by this, but to continue to work with the Department to achieve the skills revolution that our country so urgently requires, as a key component of the New Growth Path.
As the Department of Higher Education and Training we commit to ongoing, open and transparent consultations with all relevant stakeholders as we traverse the road to empower millions of especially black youth and the workers.
For further information:
Nqaba Nqandela
Chief of Staff
Ministry of Higher Education and Training
Tel: 012 312 5555/021 465 5513
Cell: 079 693 6829
E-mail: Nqandela.N@dhet.gov.za
