JOHAN LOUW & ASSOCIATES PTY LTD SETA ACCREDITATION
Questions are often asked on Johan Louw & Associates Pty Ltd’s accreditation as a training service provider. These questions are answered in this document.
Q: Is it not compulsory that Johan Louw & Associates Pty Ltd must be accredited by the Health and Welfare SETA if it wants to deliver safety-related training, or another SETA for other training?
A: No it is not.
The following extracts from legislation are relevant: SOUTH AFRICAN QUALIFICATIONS AUTHORITY ACT 58 OF 1995
1 Definitions
'qualification' means the formal recognition of the achievement of the required number and range of credits and such other requirements at specific levels of the National Qualifications Framework as may be determined by the relevant bodies registered for such purpose by the South African Qualifications Authority;
EDUCATION AND TRAINING QUALITY ASSURANCE BODIES REGULATIONS
GN R1127 in GG 19231 of 8 September 1998
‘provider' means a body which delivers learning programmes which culminate in specified National Qualifications Framework standards or qualifications and manages the assessment thereof
'provider' means a body which delivers learning programmes which culminate in specified National Qualifications Framework standards or qualifications and manages the assessment thereof
12 Accreditation of providers
An Education and Training Quality Assurance Body may on application accredit as a provider a body which meets the criteria contemplated in regulation 13.
13 Criteria for accreditation of providers
A body may be accredited as a provider by an Education and Training Quality Assurance Body whose primary focus coincides with the primary focus of the provider: Provided that the body seeking accreditation-
(a) is registered as a provider in terms of the applicable legislation at the time of application for accreditation;
(b) [Not relevant to this document.]
(c) is able to develop, deliver and evaluate learning programmes which culminate in specified registered standards or qualifications;
Contrary to popular interpretation the legislation does not require that every organisation performing training must be accredited by an Education and Training Quality Assurance Body (SETA).
Only those training providers who deliver learning programmes which culminate in specified National Qualifications Framework standards or qualifications, such as universities, colleges and so on need to register.
In fact, the Health and Welfare SETA has made a decision not to accredited service providers providing short courses, and will only accredit organisations that offer full qualifications or skills programmes. See Annexure A to this document.
Johan Louw & Associates (Pty) Ltd is a legal risk training service provider. Johan Louw & Associates (Pty) Ltd training courses are aimed at informing the trainee of legal requirements, liabilities, compliance actions required and similar content. A Johan Louw & Associates (Pty) Ltd training course does not culminate in registered standards or qualifications.
Q: Is there value in Johan Louw & Associates (Pty) Ltd’s training offering if it does not culminate in a qualification?
A: Yes.
There is a definite need for this type of training in industry, based on the training done by Johan Louw & Associates (Pty) Ltd and other service providers in this regard. Johan Louw & Associates (Pty) Ltd has never indicated that its training will culminate in a qualification. Johan Louw & Associates (Pty) Ltd delivers its training to persons who are already employed in industry and who are charged with implementing and complying with specific legislation.
Johan Louw & Associates (Pty) Ltd’s legal training assists such persons in the following ways:
1. The trainee is informed of applicable legislation relating to the topic of the training course.
2. The legislation is interpreted, explained and illustrated in layman’s terms, at the hand of practical examples.
3. Actions that should be taken in order to ensure compliance to the particular legislation is discussed and explained.
4. Legal liabilities for non-compliance are explained at the hand of legal case studies. This illustrates how a particular legal requirement has been applied by the courts in the past.
5. The interaction between different legal requirements is explained, so decisions can be made on managing possible conflicts.
6. The legal liability risk is explained, enabling prioritisation to be done for sustainability purposes.
7. The trainee is informed of any changes to relevant legislation.
Q: Is Johan Louw & Associates (Pty) Ltd’s training not outcomes based?
A: The outcome of Johan Louw & Associates (Pty) Ltd’s training is not a qualification or a credit towards a qualification, but a better understanding of the legal requirements applicable to certain activities.
The typical objective of a Johan Louw & Associates (Pty) Ltd training course is to empower the trainee to participate in safety, health and environmental management efforts in the workplace by being able to:
- Explain the overall duties imposed by legislation.
- Identify aspects in the workplace that are regulated.
- Quickly trace and access relevant legal requirements on a specific topic.
- Interpret and explain the legal requirements to others in the workplace, in order to ensure legal compliance in the workplace.
- Describe to others the different legal liabilities that can arise due to non-compliance in order to motivate them to comply.
- Identify the main duties of employers and employees in terms of the relevant legislation, and what steps are required to comply.
- Describe the risk management functions contained in the relevant legislation.
- Demonstrate understanding of the powers of the respective Inspectorates in order to respond appropriately to government intervention.
Johan Louw & Associates (Pty) Ltd presents such training mainly to management, supervisors and employees who have responsibilities and duties in terms of safety, health and environmental (SHE) law in addition to their regular work duties. The training is not presented to persons striving to get a qualification in either law or SHE management. There are registered qualifications for persons desiring to do that presented by accredited organisations such as universities, technical colleges, etc.
Most of Johan Louw & Associates (Pty) Ltd’s training courses are one day courses or even shorter. In order to gain a credit on the National Qualifications Framework, there must be at least ten notional hours of learning, and in order to gain a qualification one needs to accumulate at least 120 credits (basically a year’s learning). Training providers who presents short courses (5 days or less duration) often state that the course is “aligned with” a particular unit standard. Clients must note that such a statement does not mean that credits will be obtained by attending the training course concerned.
The expertise that Johan Louw & Associates (Pty) Ltd offers to its clients is qualified lawyers who specialise in SHE law. Our company profile can be viewed on our website at www.jla-solutions.co.za
Q: Is it not so that clients cannot claim skills development levy refunds (grants) if the training is not provided by an accredited provider?
A: No
This is another common misunderstanding of the legislation. Skills development refunds are based on submitting and implementing a Workplace Skills Plan and Annual Training Report. The legislation does not stipulate that a grant can only be claimed if training was provided by an accredited training provider.
As legal professionals, we at Johan Louw & Associates (Pty) Ltd feel strongly that incorrect interpretation of legal requirements is a risk for businesses, and it is our mission to assist businesses with legal compliance. Therefore we object to any interpretation that implies that “Johan Louw & Associates (Pty) Ltd cannot present training if it is not accredited”. Such an interpretation may lead to harm to our business and could be a basis for a legal action for damages. I invite any interested person to contact me if there are any questions in this regard.
Kind regards,
Johannes Louw
CEO and Director, J Louw & Assc Pty Ltd