General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001)

Chapter 1 : Definitions, Application and Objects of Act

1. Definitions

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In this Act, unless the context indicates otherwise -

 

"accreditation"

means accreditation by the Council in terms of this Act;

 

"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 improve the process of learning and
b)evaluate and certify competence in order to ensure qualification credibility;

 

"assessment body"

means a department of education or a body accredited by the Council as a body responsible for conducting external assessment;

 

"certificate"

means a certificate contemplated in section 17A(6);

 

"Council"

means Umalusi, the Council for General and Further Education and Training Quality Assurance, established by section 4;

 

"department of education"

means-

a)the Department of Basic Education, which is responsible for school education at national level;
b)a department responsible for school education in a province; or
c)the Department of Higher Education and Training, which is responsible for further education and training colleges and adult education and training centres at national level;

 

"Director-General"

in respect of functions relating to-

a)school education, means the Director-General: Basic Education; and
b)further education and training colleges and adult education and training centres, means the Director-General: Higher Education and Training;

 

"Education and Training Quality Assurance Body"

[Deleted by the General and Further Education and Training Quality Assurance Amendment Act, 2008 (Act No. 50 of 2008)]

 

"education institution"

means an education institution contemplated in section 2;

 

"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 achievement 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 leading to qualifications on levels 2, 3 and 4 of the National Qualifications Framework;

 

"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;

 

"head of department"

means the head of a department responsible for education in a province;

 

"internal assessment"

means any assessment conducted by an education institution contemplated in section 2, 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"

in respect of functions relating to-

a)school education, means the Minister of Basic Education; and
b)further education and training colleges and adult education and training centres, means the Minister of Higher Education and Training;

 

"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 same meaning;

 

"moderator"

means a person, body or organisation that ensures that the assessment of the outcomes described in National Qualifications Framework standards or qualifications is fair, valid and reliable;

 

"National Qualifications Framework"

means the National Qualifications Framework contemplated in the National Qualifications Framework Act;

 

"National Qualifications Framework Act"

means the National Qualifications Framework Act, 2008;

 

"part qualification"

means an assessed unit of learning that is registered on the National Qualifications Framework as part of a qualification;

 

"private education institution"

means an education institution which, in terms of a law referred to in section 2, is an independent school, a private college or a private centre;

 

"provider"

[Deleted by the General and Further Education and Training Quality Assurance Amendment Act, 2008 (Act No. 50 of 2008)];

 

"provider"

means the department responsible, for education in the relevant province;

 

"qualification"

means a qualification registered 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; Qualifications Framework standard or qualification; and

 

"registrar"

means the registrar of private colleges referred to in section 27 of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006);

 

"SAQA"

means the South African Qualifications Authority;

 

"South African Qualifications Authority"

means the South African Qualifications Authority established by the National Qualifications Framework Act;

 

"standard"

[Deleted by the General and Further Education and Training Quality Assurance Amendment Act, 2008 (Act No. 50 of 2008)];

 

"this Act"

includes any regulation made under section 27.