Vocational Education and Training Act, 2008
Act 1 of 2008
- Published in Government Gazette no. 4042 on 6 May 2008
- Assented to on 15 April 2008
- Commenced on 2 June 2008 by Government Notice of 2008
- [This is the version of this document from 6 May 2008 and includes any amendments published up to 6 October 2022.]
Part I – PRELIMINARY PROVISIONS
1. DefinitionsIn this Act, unless the context indicates otherwise -“Board” means the Board of the NTA established by section 6;“committee” means a standing committee or other committee of the Board established in terms of or under section 15;“designated agent” means an agent designated under section 37 to collect levies on behalf of the NTA;“employee” means an individual, other than an independent contractor, who -(a)works for another person and who receives, or is entitled to receive, remuneration for that work; or(b)in any manner and for remuneration assists in carrying on or conducting the business of an employer;“employer” means any person, including the State who -(a)employs or provides work for, an individual and who remunerates or who expressly or tacitly undertakes to remunerate that individual;(b)permits an individual to assist that person in any manner in the carrying on or conducting that person’s business;“Fund” means the National Training Fund established by section 24;“inspector” means an inspector appointed in terms of section 43;“Labour Advisory Council” means the Labour Advisory Council referred to in section 89 of the Labour Act, 2004 (Act No. 15 of 2004);[Section 89 of the Labour Act 15 of 2004 never came into force. The Labour Act 15 of 2004 was repealed by the Labour Act 11 of 2007.]“levy” means a vocational education and training levy imposed under section 35;“Minister” means the Minister responsible for education;“NTA” means the Namibia Training Authority established by section 4;“Namibia Qualifications Authority” means the Namibia Qualifications Authority established by section 2 of the Namibia Qualifications Authority Act, 1996 (Act No. 29 of 1996);“prescribed” means prescribed by regulation;“quality systems auditor” means a quality systems auditor appointed under section 45;“regulation” means a regulation made or in force under this Act;“this Act,” includes the regulations;“vocational education and training” means education and training which provides learners with occupational or work related knowledge and skills; and“vocational education and training provider” means a person or organisation which offers vocational education and training programmes to learners.
2. Application of Act
3. Objects of ActThe objects of this Act are -
Part II – NAMIBIA TRAINING AUTHORITY
4. Establishment of NTA
5. Powers and functions of NTA
Part III – BOARD OF NAMIBIA TRAINING AUTHORITY
6. Board of NTAThere is established a board to be known as the Board of the Namibia Training Authority to administer and control the affairs of the NTA and which must -
7. Powers and functions of Board
8. Fiduciary duties of Board
9. Constitution of Board
10. Governance and performance agreements
11. Term of office of member of BoardA member of the Board holds office for a term of three years, and is eligible for reappointment upon the expiry of his or her term of office.
12. Disqualifications for appointment as member of BoardA person is not eligible for appointment as member of the Board if the person -
13. Removal of members of Board
14. Vacation of office and filling of vacancies on Board
15. Councils and committees of Board
16. Disclosure of interests by members of Board
17. Meetings and decisions of Board
18. Limitation of liability of members of Board, Councils and committeesA member of the Board, a Council of the NTA or any committee is not liable for anything done or omitted in good faith and not attributable to gross negligence during the exercise or performance of his or her powers or functions as members of the Board, a Council or committee in terms of or under this Act.
19. Remuneration and allowances of members of Board, Councils and committees
20. Delegation of powers and assignment of functions of Board
21. Chief executive officer and other staff members
22. Performance agreements of management staff of NTA
23. Remuneration of management and other staff of NTASubject to section 22(3) of the State-owned Enterprises Governance Act, the Board -[The State-owned Enterprises Governance Act 2 of 2006 was re-named the Public Enterprises Governance Act 2 of 2006 by Act 8 of 2015 (GG 5835).]
Part IV – NATIONAL TRAINING FUND
24. National Training Fund
25. Control and administration of FundThe control and administration of the Fund vests in the Board.
26. Use of money in FundThe Fund may only be applied -
27. Bank accounts of Fund
28. Investment of Fund moneyThe Board, with the approval of the Minister and the Minister of Finance, may invest surplus money in the Fund with due regard -
29. Income of Fund exempt from taxThe income of the Fund, including income from any investments, is exempt from income tax or any other tax.
Part V – FINANCIAL PLANNING AND REPORTING OF NAMIBIA TRAINING AUTHORITY AND NATIONAL TRAINING FUND
30. Financial year of NTA and FundThe financial year of the NTA and of the Fund ends on 31 March of each year.
31. Business and financial plan of NTA and Fund
32. Annual report and financial statements of NTA and Fund
33. Goods and services charges and other revenue of NTA
34. Winding up of NTA and FundThe NTA and the Fund may not be wound up except by or under the authority of an Act of Parliament.
Part VI – VOCATIONAL EDUCATION AND TRAINING LEVY
35. Imposition of levy
36. Notice of intention to impose or vary levy
37. Payment and collection of levy
38. Interest on late payment of levyIf an employer fails to pay a levy or any portion of a levy on or before the due date for payment, interest is payable on the outstanding amount at the rate prescribed under the Prescribed Rate of Interest Act, 1975 (Act 55 of 1975), calculated from the last day for payment to the day that payment is received by the NTA or by the designated agent.
39. Penalties on default of paymentIf any levy remains unpaid after the last day for payment thereof, a penalty of ten percent of that unpaid amount is payable by the employer in addition to the interest contemplated in section 38.
40. Levy as debt due to Fund
41. Exemption from levyThe Minister, on recommendation of the Board and by notice in the Gazette, may exempt any employer or category or class of employer from the payment of a levy imposed under section 35.
42. Employers to keep records and furnish informationEvery employer who is liable in terms of a notice issued under section 35 to pay a levy must -
43. Appointment and powers of inspectors
Part VII – GENERAL PROVISIONS
44. Disclosure of information
45. Designation and powers of quality systems auditors
46. Offences and penalties
48. Amendment and repeal of lawsThe laws specified in the Schedule are amended or repealed to the extent set out in the third column thereof.
49. Savings and transitional provisions
50. Short title and commencement
History of this document
02 June 2008
06 May 2008 this version
Published in Government Gazette number 4042
15 April 2008
Cited documents 5
Documents citing this one 10
- Basic Education Act, 2020
- Beuke v The Namibia Employers’ Association and Others (HC-MD-CIV-MOT-REV 13 of 2018)  NAHCMD 227 (4 July 2019)
- COVID-19: Regulations Relating to Health Matters
- Higher Education Act, 2003
- Namibia Institute of Public Administration and Management Act, 2010
- Namibia Qualifications Authority Act, 1996
- Namibia Training Authority v Minister of Higher Education, Technology and Innovation (HC-MD-CIV-MOT-GEN-2022/00367)  NAHCMD 185 (13 April 2023)
- Public Enterprises Governance Act, 2006
- Stage 2: COVID-19 Regulations
- Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations