NOTICE 1040 OF 2012 DEPARTMENT OF HIGHER EDUCATION AND TRAINING

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1 STAATSKOERANT, 14 DESEMBER 2012 No GENERAL NOTICE NOTICE 1040 OF 2012 DEPARTMENT OF HIGHER EDUCATION AND TRAINING NATIONAL QUALIFICATIONS FRAMEWORK ACT, 2008 (ACT 67 OF 2008) GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE ACT, 2001 (ACT 58 OF 2001) HIGHER EDUCATION ACT, 1997 (ACT 101 OF 1997) SKILLS DEVELOPMENT ACT, 1998 (ACT 98 OF 1998) DETERMINATION OF THE SUB-FRAMEWORKS THAT COMPRISE THE NATIONAL QUALIFICATIONS FRAMEWORK 1. I, Bongnkos Emmanuel Nzmande, Mnster of Hgher Educaton and Tranng, havng consdered the advce of the South Afrcan Qualfcatons Authorty (SAQA) n accordance wth s. 8(2) (e) of the Natonal Qualfcatons Framework Act, 2008 (Act 67 of 2008) ("the NQF Act" or "the Act") hereby determne the three subframeworks that comprse the Natonal Qualfcatons Framework as shown dagrammatcally n the Schedule. Ths Notce comprses polcy n terms of s. 8(2) (/)) of the Act. Introducton 2. The Act provdes for an ntegrated NQF comprsng three sub-frameworks, each developed and managed by a Qualty Councl (QC) (ss. 7 and 24-27). The three subframeworks and ther QCs are: a) General and Further Educaton and Tranng Qualfcatons Sub framework (GFETQSF), contemplated n the General and Further Educaton and Tranng Qualty Assurance Act, 2001 (Act 58 of 2001), whch s developed and managed by Umalus b) Hgher Educaton Qualfcatons Sub framework (HEQSF), contemplated n the Hgher Educaton Act, 1997 (Act 101 of 1997), whch s developed and managed by the Councl on Hgher Educaton (CHE) 1

2 4 No GOVERNMENT GAZETTE, 14 DECEMBER 2012 c) Trades and Occupatons Qualfcatons Sub-framework, commonly known as the Occupatonal Qualfcatons Sub-framework (OQSF), contemplated n the Sklls Development Act, 1998 (Act 97 of 1998), whch s developed and managed by the Qualty Councl for Trades and Occupatons (QCTO). 3. The Act requres the QCs to recommend ther sub-frameworks to the Mnster, and requres the Mnster to determne the sub-frameworks after consderng SAQA's advce (ss. 8(2) (e) and 27(e)). The development of the sub-frameworks s a vtal component of the work of SAQA and the QCs as lad out n the NQF Implementaton Framework whch was publshed by SAQA n accordance wth s. 13(1)(e) of the Act. Sub-framework development s also emphassed n the Mnster's Gudelnes on Strategy and Prortes for the Natonal Qualfcatons Framework (NQF), and the Gudelnes on Strategy and Prortes for the Natonal Qualfcatons Framework (NQF), (see Government Notce No. 972, Government Gazette, 27 November 2012). 4. The proposed sub-frameworks were duly publshed for publc comment n Notce 913 of 2011 (Government Gazette No of 23 December 2011). The publcaton of the Green Paper on Post School Educaton and Tranng (2011) encouraged consderable reflecton on NQF matters both n and out of government and many members of the publc commented helpfully on the sub-framework proposals n the lght of the Green Paper's analyss of the NQF. I express apprecaton to everyone who responded. 5. I have taken nto account that the publcaton by the South Afrcan Qualfcatons Authorty (SAQA) of the Level Descrptors for the South Afrcan Natonal Qualfcatons Framework [2011] has speeded development of the new ten-level NQF, and that much work has been done by qualfcaton developers, provders and other role-players n antcpaton of the new sub-frameworks. Gven the long lead tmes nvolved and the ntensve engagement on the new proposals that has taken place wth provders and stakeholders, t would be destablsng and counterproductve to make radcal departures from what the QCs and SAQA have recommended to me. 6. SAQA recommended to me that the sub-frameworks be determned for a three year perod, durng whch tme ntensve work wll contnue on a number of outstandng matters. Ths suggeston has much to commend t. However, polcy and ts mplementaton are subject to contnuous montorng and perodc revew. It s therefore unwse n prncple to determne a polcy for a partcular perod of tme. Nevertheless I fully apprecate that a generally stable and predctable polcy envronment s requred n order to promote the necessary nvestments of tme and resources n qualfcaton and programme development. 7. Wth all these consderatons n mnd I have weghed the merts of the respectve subframework proposals submtted by the QCs. I have carefully consdered the publc response to the proposals. I have gven partcular weght to SAQA's advce. Before delverng ts advce SAQA was gven access to the publc's comments on the subframeworks and NQF proposals n the Green Paper. SAQA also engaged n ntensve consultaton wth the QCs. Accordngly the QCs made a number of changes to ther documents before submttng the revsed proposals to me va SAQA. 2

3 STAATSKOERANT, 14 DESEMBER 2012 No Parlament has vested SAQA and each QC wth consderable authorty n ts respectve sphere of responsblty. I express my apprecaton to the boards and councls concerned as well as ther executves for the ntensve work they have undertaken. SAQA's leadershp n co-ordnatng the sub-frameworks are partcularly valued. I also thank professonal bodes, educatonal nsttutons, sklls provders, stakeholders and members of the publc who have contrbuted so much to the development of the sub-frameworks over many years. 9. The sub-frameworks have been determned n accordance wth current legslatve provsons. In the followng paragraphs I explan the legslatve bass of my determnaton. I also express vews and ssue drectves to SAQA and the QCs respectvely n order to advance the objectves of the NQF, as contemplated n ss. 8(3) and (4), 13(1)(n)() and 27(k)(v) of the Act. The NQF and ts sub-frameworks 10. In makng my determnaton I have gven partcular weght to the objectves and nature of the NQF as provded n the Act and to the solemn responsbltes mposed by the Act on the Mnster of Hgher Educaton and Tranng. 11. The Act provdes that the Mnster has overall executve responsblty for the NQF (s. 8(1) (a)). Among other dutes the Mnster must: a) consder advce from SAQA or a QC n terms of ths Act (s. 8(2) (a)) b) determne polcy on NQF matters n terms of ths Act and publsh t n the Gazette (s. 8(b)) c) after consderng advce from SAQA, determne the sub-frameworks and publsh them n the Gazette (s. 8(e)) d) advance the achevement of the objectves of the NQF (s.8 (3) (a)) e) uphold the coherence and publc credblty of the NQF (s. 8(3) (b)) and 0 advance collaboraton among the QCs and between the QCs and SAQA (s. 8(3) (c)). 12. The NQF serves vtal educatonal and socal purposes. The Act states that: "(1) The objectves of the NQF are to- (a) create a sngle ntegrated natonal framework for learnng achevements (b) facltate access to, and moblty and progresson wthn, educaton, tranng and career paths (c) enhance the qualty of educaton and tranng (d) accelerate the redress of past unfar dscrmnaton n educaton, tranng and employment opportuntes. 3

4 6 No GOVERNMENT GAZETTE, 14 DECEMBER 2012 (2) The objectves of the NQF are desgned to contrbute to the full personal development of each learner and the socal and economc development of the naton at large. (3) SAQA and the QCs must seek to acheve the objectves of the NQF by- (a) (b) (c) developng, fosterng and mantanng an ntegrated and transparent natonal framework for the recognton of learnng achevements ensurng that South Afrcan qualfcatons meet approprate crtera, determned by the Mnster as contemplated n s. 8, and are nternatonally comparable and ensurng that South Afrcan qualfcatons are of an acceptable qualty." (s. 4) 13. In the servce of these objectves, the NQF s a sngle, ntegrated ten-level system for classfyng qualty assured natonal qualfcatons. It s organsed n three co-ordnated sub-frameworks each of whch must have a dstnct nomenclature for ts qualfcaton types whch s approprate and consstent wth nternatonal practce. These features are provded at ss. 4, 6(1), 7 and 13(1)(h)()(bb) of the Act. The NQF dagram n the Schedule conforms to the Act's requrements. QC sub-framework polces 14. In ther submssons to me, whch were publshed n the Government Gazette on 23 December 2011, the QCs provded the conceptual bass for ther respectve subframeworks and consderable detal about ther qualfcaton levels, types, descrptors, varants, qualfers and credt value. Such nformaton s extremely mportant for qualfcaton developers, provders, assessors and qualty assurers, among others. 15. In terms of s. 27(k)(v) of the Act, I hereby drect each QC to amend ts draft subframework document wthout delay n the lght of ths notce and to publsh t as a QC polcy document n the Government Gazette. SAQA wll contnue to co-ordnate ths process as contemplated n s. 11 of the Act. As I requested n the Gudelnes 2012 the polcy documents must nclude the: a) essental character of each sub-framework b) demarcaton between each sub-framework and c) bass on whch sub-frameworks artculate wth one another. Professonal desgnatons 16. SAQA s requred by s. 30 of the Act to regster professonal desgnatons of recognsed professonal bodes on the NQF. The Act s at present slent on the relatonshp between professonal desgnatons and the NQF sub-frameworks. In ts Polcy and Crtera for the Recognton of Professonal Bodes and Regstraton of Professonal Desgnatons, SAQA requres that a professonal desgnaton must nclude, "as an ntal requrement, an underlyng qualfcaton(s), whch may nclude an occupatonal qualfcaton(s)" (see Government Notce No. 585 publshed n 4

5 STAATSKOERANT, 14 DESEMBER 2012 No Government Gazette No of 24 July 2012, para. 42(v)). Snce professonal desgnatons are not "qualfcaton types" wthn the meanng of the NQF Act they are not reflected n the sub-frameworks determned n the Schedule. In terms of s. 13(n)() of the Act I hereby drect SAQA, after consultng the QCs and recognsed professonal bodes concerned, to advse me on how the relatonshp between professonal desgnatons and the sub-frameworks should be clarfed. Notable changes 17. The sub-frameworks depcted n the dagram n the Schedule dffer n certan respects from what SAQA and the QCs recommended to me. The man dfferences are as follows: 17.1 General and Further Educaton and Tranng Qualfcatons Subframework (GFETQSF). Umalus proposes to ntroduce a "Further Certfcate" at level 5 on ts sub-framework. Ths would not be possble unless and untl s. 2 of the General and Further Educaton and Tranng Qualty Assurance Act, 2001 (Act 58 of 2001) s amended to extend Umalus's scope beyond level 4. Consderable research evdence confrms the need for vocatonal qualfcatons at level 5 on the NQF. The Hgher Certfcate, whch s a qualfcaton type at level 5 on the HEQSF, s already avalable n several publc Further Educaton and Tranng colleges by arrangement wth the CHE and wth sponsorng hgher educaton nsttutons. Provson s made on the OQSF for an Occupatonal Certfcate at level 5. It s not clear what advantage would be ganed by addng a thrd qualfcaton type at level 5 on the GFETQSF. In terms of s. 13(n)() of the Act I hereby drect SAQA, n collaboraton wth the QCs, to advse me on ths matter wthn sx months of the publcaton of ths notce Hgher Educaton Qualfcatons Sub framework (HEQSF). The CHE proposed two qualfcaton types, "General" and "Professonal" at levels 9 and 10 respectvely. The ntroducton of "Professonal" Master's and Doctoral qualfcaton types does not requre the addton of the term "General" to the famlar academc Master's and Doctorate. The term "General" s a msnomer and should not be used. By defnton such degrees are hghly specalsed 17.3 Occupatonal Qualfcatons Sub-framework (OQSF) The names of the qualfcaton types proposed by the QCTO on the OQSF have been changed. The QCTO proposed the terms "Natonal Occupatonal Qualfcaton" for a qualfcaton wth 120 credts or more, and "Natonal Occupatonal Award" for a qualfcaton wth credts. The use of the term "qualfcaton" for a partcular qualfcaton type on a sub-framework s msleadng n law snce the term "qualfcaton" s defned genercally n the NQF Act as "a regstered natonal qualfcaton" (s. 1). In addton, the term "award" s not approprate for an occupatonal qualfcaton type. The ttle "Occupatonal Certfcate: Level..." s smple and approprate for an occupatonal qualfcaton type and resolves both problems. The credt value of each qualfcaton on the OQSF can be explaned as part of the qualfcaton descrptor. 5

6 8 No GOVERNMENT GAZETTE, 14 DECEMBER 2012 Artculaton Nether the NQF Act nor the SDA prescrbes how many levels the OQSF wll cover. For the tme beng, therefore, the scope of the OQSF s a matter of polcy not law. The QCTO has proceeded on the bass that ts sub-framework wll range from levels 1-10, as envsaged n the jont polcy statement of the Mnsters of Educaton and Labour on Enhancng the Effcacy and Effcency of the Natonal Qualfcatons Framework (2007) (para. 63). SAQA has regstered occupatonal qualfcatons on the OQSF accordngly. In determnng the matter I have taken two consderatons nto account. The frst s the defnton of an occupatonal qualfcaton n s. I of the SDA: "'occupatonal qualfcaton' means a qualfcaton assocated wth a trade, occupaton or professon resultng from work-based learnng and consstng of knowledge unt standards, practcal unt standards and work experence unt standards". The second s that, thus far, the greatest demand has been for occupatonal qualfcatons (and part qualfcatons) between levels 1-6. Very few qualfcatons or part-qualfcatons have been regstered by SAQA on the OQSF beyond level 6. The justfcaton for occupatonal (that s workplace-based) qualfcatons as defned n the SDA beyond level 6 needs to be revsted. It goes wthout sayng that the QCTO s vtally nterested n ths matter and ts vews must be accorded full weght. However, we have an ntegrated NQF and the mplcatons of the ssues for other QCs and professonal bodes must be thoroughly consdered. In terms of s. 13(n)() of the Act, therefore, I hereby drect SAQA, n collaboraton wth the QCs and recognsed professonal bodes to undertake a study of the ssue and report to me wthn sx months of the publcaton of ths notce. The qualfcatons and part-qualfcatons regstered by SAQA above level 6 on the OQSF wll reman regstered untl ther regstraton expres. Meanwhle, the OQSF qualfcaton types are determned at levels 1-6 n terms of s. 13(n)() of the Act and I wll reconsder ths determnaton when SAQA's report has been receved. 18. Artculaton wthn and between the sub-frameworks s essental n order to advance the objectves of the NQF. The Act requres an ntegrated NQF. The sub-frameworks must work wth and not aganst one another n order to enable learners to progress along ther chosen learnng pathways. Dead-ends, roadblocks and crcutous devatons are to be mnmsed f not elmnated. An NQF that obstructs learnng progresson s a contradcton n terms of the Act. 19. Although the sub-frameworks I have determned meet the demandng requrements set out n the Act, there s one mportant provso. I am not yet satsfed that the optmum degree of ntegraton has been acheved. At a meetng wth the SAQA board 6

7 STAATSKOERANT, 14 DESEMBER 2012 No on 19 Aprl 2012 I requested SAQA n collaboraton wth the QCs to advse on artculaton pathways for the NQF. Ths work ncludes the prortsaton of Recognton of Pror Learnng (RPL) and Credt Accumulaton and Transfer (CAT) polces, both of whch are requrements of the Act (ss. 13(1)(h)() and 27(h)()). Substantal work has been done and n terms of s. 13(n)() of the Act I hereby drect SAQA to provde me wth a draft polcy on the prncples that should drect the artculaton pathways n the NQF wthn sx months of the publcaton of ths notce. Exstng qualfcatons 20. In the Gudelnes 2012 I requested SAQA to undertake the algnment of exstng qualfcatons wth the sub-frameworks n accordance wth s. 36(b) of the NQF Act. SAQA advses that ths major task s almost complete. SAQA also advses that an exstng qualfcaton regstered on the NQF remans vald untl ts regstraton expres. It may then be replaced by another qualfcaton developed specfcally for one of the sub-frameworks n terms of ths determnaton. Comng nto effect 21. Ths polcy comes nto effect on the date of publcaton n the Gazette and remans n effect untl t s repealed or amended by notce n the Gazette. DR BE NZIMANDE, MP MINISTER OF HIGHER EDUCATION AND TRAINING DATE: 071 7

8 10 No GOVERNMENT GAZETTE, 14 DECEMBER 2012 SCHEDULE 8

9 STAATSKOERANT, 14 DESEMBER 2012 No NATIONAL QUALIFICATIONS FRAMEWORK LEVEL SUB-FRAMEWORK AND QUALIFICATION TYPES 10 DOCTORAL DEGREE DOCTORAL DEGREE (PROFESSIONAL) t 1 t * 9 MASTER'S DEGREE MASTER'S DEGREE (PROFESSIONAL) * BACHELOR HONOURS DEGREE 8 POSTGRADUATE DIPLOMA * BACHELOR'S DEGREE 7 BACHELOR'S DEGREE * ADVANCED DIPLOMA. - DIPLOMA 6 ADVANCED CERTIFICATE OCCUPATIONAL CERTIFICATE (LEVEL 6) ' 5 HIGHER CERTIFICATE OCCUPATIONAL CERTIFICATE (LEVEL SI 4 NATIONAL CERTIFICATE OCCUPATIONAL CERTIFICATE (LEVEL 4) INTERMEDIATE CERTIFICATE OCCUPATIONAL CERTIFICATE (LEVEL 3) 1 2 ELEMENTARY CERTIFICATE OCCUPATIONAL CERTIFICATE (LEVEL 2) 1 GENERAL CERTIFICATE OCCUPATIONAL CERTIFICATE (LEVEL1) Key to sub-frameworks *Qualfcaton types beyond level 6 on the OQSF have not been determned pendng further advce. Hgher Educaton Qualfcatons Sub- General and Further Educaton and Framework Tranng Qualfcatons Sub-Framework Occupatonal Qualfcatons Sub-Framework 9