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1Registration of Vocational Education and Training Provider | Information Manual |

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Registration of VocationalEducation and Training Providers

Information Manual

2 | Registration of Vocational Education and Training Provider | Information Manual


TABLE OF CONTENT

A. Foreword

B. !e Standards, Assessment and Certi"cation Council

C. Regulations for Registration of Vocational Education and Training Providers

D. Guidelines

E. Registration Criteria Summary

F. Application Process

G. Fee Schedule

H. Frequently Asked Questions

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A. FOREWORD BY THE STANDARDS, ASSESSMENT & CERTIFICATION COUNCIL

Current and Prospective VET Providers.

Today, here in Namibia, as in the rest of the world, there is a growing understanding that economic growth and progress depend crucially on the availability of a skilled workforce. Indeed, the growing awareness that accelerated economic development depends on increasing the productive capacity of industries, only further cements the expectation to develop national Vocational Education and Training systems, which provide people with the skills needed by industries, and which provide citizens with access to employment.

!e o#cial launch in March 2013 by the Namibia Training Authority (NTA) of the Regulations for the Registration of Vocational Education and Training Providers, following the publication thereof in the Government Gazette in December 2012, has been a decisive step towards a regulated, systematic approach to secure the sustainability and currency of training in Namibia. !ese regulations allow us to counter some of the anti-quality symptoms of the current training market, which include non-e$ective training against exorbitant fees; unquali"ed and under-quali"ed training sta$; institutions lacking required human and infrastructure resources; and institutions training in areas for which there is no market demand.

Quality training cannot happen under such training environments. Simply put: Quality is "tness for purpose, because a quality product or service, or a product or service that has quality, has the ability to perform satisfactorily and is suitable for its intended purpose. As current and prospective training institutions, you would appreciate that managing quality becomes fundamental to all your activities and programmes. As such, you would also appreciate that if quality is ensured in all your training activities, it should result in trainees graduating from your institutions being valued and appreciated by the labour market as competent, skilled and "t-for-purpose.

It is expected of the NTA as the o#cial regulating body in the Vocational Education and Training sector, to ensure that all training providers operating within the borders of our country, indeed meet quality training standards. !e NTA does so in line with the provisions of the Vocational Education and Training Act of 2008. However, the same Act empowers the NTA, as the agent of quality standards in Vocational Education and Training to identify instances of non-compliance, and if these are not recti"ed within a stated period, to issue sanctions and/or penalties.

!e VET Act provides a range of sanctions, escalating from enforceable undertakings and additional conditions on registration, through to cancelling the registration of a training provider. As such, the NTA may amend, shorten, and/or revoke registration; impose conditions on a registration; issue directions under the legislation for an organisation to take speci"c steps or refrain from doing certain things; issue infringement notices as an alternative to prosecution; and/or prosecute organisations that breach the legislation.

!e Standards, Assessment and Certi"cation Council (SACC) calls upon all currently registered and prospective training providers to ensure that they remain in compliance with these regulations. !e importance of quality assurance in this process is critical, because if a training provider continues to consistently strive towards improved quality and best practice in all it does, the likelihood of such scenarios diminishes signi"cantly.

!e SACC also encourages you to partner the NTA, as the custodian of these regulations, in its continued quality improvement drive. We trust that you will "nd the information contained in this document bene"cial in registering as a training provider with the NTA and in doing so, become a valued partner in the establishment of a quality-assured Vocational Education and Training regime for our country.


B. THE STANDARDS, ASSESSMENT AND CERTIFICATION COUNCIL

To assist the Board of Directors of the Namibia Training Authority in its task of developing and reforming the Vocational Education and Training system and exercise the strategic management of the work of the Namibia Training Authority, the Board has established, as mandated by the Act, a Standards, Assessment and Certi"cation Council (SACC).

!e SACC operates as a sub-committee of the Board of Directors. It advises the Board on the performance of standards, assessment and certi"cation settings as set out in the VET Act of 2008.

In line with the above, the SACC performs an invaluable role in overseeing the work of the NTA in relation to its regulatory functions. Made up of independent and seasoned experts from the education and training sectors, the SACC also takes up a leading role in securing and safeguarding the integrity of the Vocational Education and Training assessment and certi"cation regime.

Some areas of responsibility of the SACC include:

Programmes to improve the quality of training provision; Monitoring outcomes and providing quarterly progress report to the Board; Professional development of instructors, assessors and moderators; Policies on assessment methods, including Recognition of Prior Learning; Approve criteria for the accreditation of training providers;Approve the registration/deregistration of assessors and moderators;Endorse unit standards developed by the Industry Skills Committees (ISCs);!e development and updating of cross-sectoral unit standards not focused on a particular industry sector and approval of cross-sectoral unit standards;Endorsing quali"cations and records of competence and liaising with the Namibia Quali"cations Authority (NQA) on such matters, and any other matters referred by the Board.


C. REGULATIONS FOR THE REGISTRATION OF VET PROVIDERS

Below, an extract of Government Notice 300, (excluding application forms) as published by the Minister of Education in the o#cial Government Gazette of the Republic of Namibia on the 27th of November 2012.

SCHEDULE

ARRANGEMENT OF REGULATIONS

1. De"nitions2. Application of regulations3. Application for registration as vocational education and training provider4. Support for vocational education and training providers seeking registration5. Withdrawal of application for registration as vocational education and training provider6. Subsequent application for registration as vocational education and training provider7. Consideration of application for registration as vocational education and training provider8. Report9. Registration name10. Form and contents of certi"cate of registration11. Validity and extension of registration12. Re-registration13. Application for expansion in programme o$ering or amendment in conditions of registration 14. Revocation of registration15. Veri"cation of information16. Display of certi"cate of registration17. Maintenance of registration18. Obligations of training providers19. Registered vocational education and training programmes20. Information for learners and the public21. Training records22. O#cial documents, marketing and advertising23. Information required by NTA24. Appeal25. Provisions relating to existing accredited vocational education and training providers De!nitions

1. In these regulations any word or expression to which a meaning has been assigned in the Act has the same meaning and, unless the context otherwise indicates -

“CEO” means the Chief Executive O#cer of the NTA contemplated in section 21(1) of the Act, and includes any person who acts as Chief Executive O#cer as contemplated in section 21(3) of the Act or who has been authorised by the CEO to perform any power, function or duty contemplated in these regulations;“certi"cate of registration” means a certi"cate issued in terms of regulation 7;“registered vocational education and training provider” means a vocational education and training provider registered in accordance with these regulations to o$er vocational education and training programmes to learners;


“SACC” means the Standards, Assessment and Certi"cation Council referred to in section 15(1)(a) of the Act;“the Act” means the Vocational Education and Training Act, 2008 (Act No. 1 of 2008); and “the Namibia Quali"cations Authority” means the Namibia Quali"cations Authority established by section 2 of the Namibia Quali"cations Authority Act, 1996 (Act No. 29 of 1996), and the “NQA” has a corresponding meaning.

Application of Regulations

2. !ese regulations apply to all vocational education and training providers.

Application for registration as vocational education and training provider

3. (1) A vocational education and training provider -

(a) who, at the date of commencement of these regulations, is or has been carrying on the business or activity of o$ering vocational education and training programmes to learners must, within one year from that date apply in the form of Annexures 1A and 1B; or

(b) who intends to for the "rst time carry on the business or activity of o$ering vocational education and training programmes to learners, must, prior to the proposed date of commencement therewith, apply in the form of Annexure 1C,

to the NTA, for registration or preliminary registration, in the same name under which the training provider is trading.

(2) An application contemplated in subregulation (1) must be accompanied by -

such supporting documents as the NTA may request in writing;

(b) written evidence by the applicant that the applicant complies with all legal requirements relating to the health and safety of persons on the premises;

(c) written proof by the applicant that -

(i) the income of the applicant is or will be su#cient to sustain its vocational education and training programmes to the satisfaction of the NTA; (ii) the applicant has established "nancial surety or guarantees to ensure that the applicant will meet its obligations to its enrolled learners and services; (iii) if applicable, the vocational education and training provider has already been accredited by the NQA and is o$ering vocational education and training programmes;

(d) a signed declaration referred to in subregulation (3); and

(e) the appropriate non-refundable application fee charged by the NTA as contemplated in section 33(1) of the Act.

(3) In addition to complying with subsection (2) the application must be accompanied by a signed declaration by the applicant that -


(a) the vocational education and training provider, if registered, will not discriminate on the -

(i) grounds as set out in Article 10(2) of the Constitution with regard to the admission of learners; (ii) grounds as set out in Article 10(2) of the Constitution with regard to the recruitment of sta$;

(b) the vocational education and training provider -

(i) will maintain the necessary training and support sta$ with appropriate training or professional quali"cations and experience to achieve the objectives of each vocational education and training programme; (ii) will maintain a quality management system including, but not limited to, assessment policies and procedures appropriate to each vocational education and training programme and service; (iii) will maintain su#cient space, equipment and instructional material to provide vocational education and training of su#cient standard to achieve the objectives of each vocational education and training programme; (iv) will not exceed the enrolment that the facilities and equipment can reasonably accommodate; (v) will maintain full records of each learner’s admission, training progress and assessment of learning in respect of each vocational education and training programme;

(c) if registered, the vocational education and training provider will comply with -

(i)a periodic evaluation of the vocational education and training provider by the NTA at intervals to be determined by the NTA; and (ii)any other reasonable process arranged by the NTA after consultation with the vocational education and training provider for the purpose of monitoring compliance with the requirements of the Act and these regulations.

(4) !e NTA may require an applicant to clarify items in the application or to submit additional information before the application is considered.

(5)An applicant must forthwith notify the NTA if there is any change in the information submitted in the application.

(6)A person who operates as a vocational education and training provider or o$ers vocational education and training programmes without being registered or re-registered, as the case may be, as a vocational education and training provider in terms of these regulations commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to an imprisonment period not exceeding six months or to both such "ne and such imprisonment.

Support for vocational education and training providers seeking registration

4. In order to assist a vocational education and training provider that has applied for registration or has been registered, the NTA may provide, as determined by the Board, technical and professional advice and "nancial support to the vocational education and training provider.

Withdrawal of application for registration as vocational education and training provider

5. (1) Before the NTA has noti"ed an applicant in writing of the result of an application, an applicant may withdraw by notice in writing to the NTA any application referred to therein.


(2) On receipt of a notice of withdrawal contemplated in subregulation (1) the NTA must forthwith return the application documents to the applicant.

Subsequent application for registration as vocational education and training provider

6. (1) An applicant -

(a) who has withdrawn an application in terms of regulation 5(1) may at any time thereafter submit a subsequent application; or

(b) whose application has not been approved, may submit a subsequent application to the NTA as soon as the applicant is able to comply with the requirements concerned.

(2) Regulation 3(2) and (3) applies with the necessary amendments to the submission of a subsequent application for the registration of a vocational education and training provider as if that subsequent application were a new application.

Consideration of application for registration as vocational education and training provider

7. (1) After an application for registration as a vocational education and training provider has been lodged with the NTA, the NTA must submit the application to the persons appointed as quality system auditors and subject matter experts.

(2) !e quality system auditors and subject matter experts contemplated in subregulation (1) must evaluate the application and forward their evaluation reports to the SACC.

(3) In considering an application for registration as a vocational education and training provider, the SACC -

(a) must consider -

(i) all the information and declarations provided by the applicant and any other relevant information; (ii) the evaluation reports contemplated in subregulation (2); (iii) whether, if registered, the applicant will in all its vocational education and training programmes maintain acceptable standards; (iv) whether the applicant has met all other relevant requirements of the Act; (v)the proposed vocational education and training programmes and quali"cations; and

(b) must reach a decision and notify the CEO accordingly.

(4) If the SACC has noti"ed the CEO that it has approved an application, the CEO must forthwith register the applicant concerned as a vocational education and training provider and must within 21 days after such registration -

(a) issue, subject to regulation 9, and against payment of the appropriate non-refundable certi"cate fee charged by the NTA as contemplated in section 33(1) of the Act, to the applicant a certi"cate of registration;

(b) record such registration in a computerised vocational education and training provider’s register to be kept at the NTA; and

(c) publish the records contemplated in paragraph (b) at least once -


(i) in the Gazette; (ii) in two newspapers circulating in Namibia; and (iii) on the website of the NTA.

(5) !e NTA -

(a) must enter into a register contemplated in subregulation (4)(b) such particulars as determined by the NTA;

(b) may publish any information contained in a vocational education and training provider’s register from time to time in a form considered appropriate.

(6) If the SACC has noti"ed the CEO that it has not approved an application, the CEO must inform the applicant in writing, stating the reasons thereof.

(7) Subject to the conditions of registration, a registered vocational education and training provider o$ering vocational education and training programmes leading up to quali"cations or the awarding of credits remains registered for such period speci"ed by the NTA.

Report

8. (1) Every registered vocational education and training provider must within six months after the date of "rst registration as such and thereafter within three months after the anniversary date of registration, submit a report to the NTA.

(2) A report referred to in subregulation (1) must contain -

(a) a detailed overview of major achievements of the vocational education and training provider;

(b) a detailed overview of the challenges experienced;

(c) a complete register of learners enrolled and vocational education and training programmes taken;

(d) any anticipated changes to vocational education and training programmes; and

(e) internal audit reports compiled on the basis and criteria of the NTA self evaluation form.

(3) Any vocational education and training provider which contravenes or fails to comply with subregulation (1) commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to an imprisonment period not exceeding six months or to both such "ne and such imprisonment.

Registration name

9. (1) Subject to this regulation, a vocational education and training provider must be registered under the name applied for, but the NTA may include in the certi"cate of registration such translations, abbreviations, acronyms or trade names that uniquely identify the vocational education and training provider.

(2) Despite subregulation (1), the CEO may not -

(a) register a vocational education and training provider -


(i) under a name that the NTA considers to be fraudulent, false or misleading; or (ii) under the same name as another vocational education and training provider, or

(b) include in two certi"cates of registration the same translation, abbreviation, acronym or trade name.

(3) In the case of subregulation (2)(a) the NTA must agree on an acceptable alternative with the applicant concerned.

Form and contents of certi!cate of registration

10. (1) A certi"cate of registration contemplated in regulation 7(4)(a) must be in the form determined by the NTA.

(2) A certi"cate of registration is not transferable from one vocational education and training provider to another vocational education and training provider.

Validity and extension of registration

11. (1) A vocational education and training provider must as soon as possible after the training provider has been registered as such, submit, in accordance with the regulations governing the accreditation of vocational education and training providers, a complete application for accreditation with the appropriate accrediting body.

(2) A registered vocational education and training provider that has not within the period of registration concerned lodged an application for accreditation as contemplated in accordance with the regulations governing the accreditation of vocational education and training providers must -

(a) apply in the form of Part 3 of Annexure 1A, for extension of registration; and

(b) provide in the application -

(i) supporting evidence that the applicant is indeed preparing or has been preparing for accreditation; and (ii)a motivation why the applicant has not applied for accreditation; and

(c) submit together with the application the appropriate non-refundable application fee charged by the NTA as contemplated in section 33(1) of the Act.

(3) After consideration of the application, the NTA may grant extension of registration contemplated in subregulation (2)(a) for such period determined by the NTA in consultation with the vocational education and training provider.

(4) A registered vocational education and training provider who has been accredited as contemplated in accordance with the regulations governing the accreditation of vocational education and training providers, maintains the registration status of the training provider for as long as the vocational education and training provider maintains his or her or its accreditation status.

(5) !e registration of a registered vocational education and training provider, whose accreditation status in whole has been terminated in accordance with the regulations governing the accreditation of vocational education and training providers, automatically terminates together with the termination of the accreditation status, and the vocational education and training provider must again apply for both registration and accreditation.


(6) !e registration of a registered vocational education and training provider that has not applied for accreditation as contemplated in subregulation (1) or subregulation (3) automatically terminates upon expiry of the registration period contemplated in subregulation (1).

(7) A registered vocational education and training provider that o$ers vocational education and training programmes which do not lead to the awarding of credits leading up to quali"cations or awards given under the Namibia Quali"cations Framework, remains registered for a period of two years and must before the end of the registration period apply for re-registration as contemplated in regulation 12.

(8) A registered vocational education and training provider referred to in subregulation (7) may at any time, if deemed necessary, apply for accreditation in accordance with the regulations governing accreditation of education and training providers.

Re-registration

12. (1) A registered vocational education and training provider -

(a) contemplated in regulation 11(2) and (8), as the case may be, must at least three months before the end of the registration period concerned;

(b) whose registration has otherwise been terminated or revoked as contemplated in these regulations may, if the applicant intends to continue o$ering vocational education and training programmes and services, apply in the form of Annexures 1A and 1B, for re-registration as a vocational education and training provider.

(2) Regulations 3(2), (3), (4), (5), and (6) and 4, 5, 6, 7, 8, 9, 10 and 11 apply with the necessary amendments to an application for re-registration.

(3) A registered vocational education and training provider that fails to apply for re-registration before the end of the registration period concerned is automatically deregistered as a vocational education and training provider and must apply for registration again within 14 days of the expiry of registration.

Application for expansion in programme o"ering or amendment in conditions of registration

13. (1) A registered vocational education and training provider must apply to the NTA -

(a) in the case of expansion in programme o$ering in the form of Annexure 2, Parts 1 and 2; or

(b) if the vocational education and training provider intends to amend or deviate from any of the conditions under which the vocational education and training provider was registered, in the form Annexure 2, Part 1 and 3;before the expansion or amendment or deviation and the application must be accompanied by the appropriate non-refundable application fee charged by the NTA as contemplated in section 33(1) of the Act.

(2) !e NTA may require an applicant to clarify items in the application or to submit additional information before the application is considered.

(3) An applicant must promptly notify the NTA if there is any change in the information submitted in an application.

(4) !e NTA may after receipt of an application referred to in subregulation (1) or after receipt of any clari"ed items or additional information contemplated in subregulation (2), conduct an evaluation of the application and


further prepare a report for the SACC which must determine the e$ect of any changes to the registration of the provider.

(5) After consideration of the report referred to in subregulation (4), the SACC may decide to -

(a) maintain the current registration of the vocational education and training provider;

(b) amend the current registration of the vocational education and training provider and to amend any condition of registration; or

(c) revoke the registration of the training provider, and must notify the CEO accordingly.

(6) If the registration or any condition of registration of a registered vocational education and training provider is amended, the CEO must forthwith -

(a) issue, against payment of the appropriate non-refundable certi"cate fee charged by the NTA as contemplated in section 33(1) of the Act, an amended certi"cate of registration to the vocational education and training provider;

(b) amend the vocational education and training provider’s register accordingly; and

(c) publish the records contemplated in paragraph (b) at least once -

(i) in the Gazette; (ii) in two newspapers circulating in Namibia; and (iii) on the website of the NTA.

(7) On receipt of the amended certi"cate of registration the registered vocational education and training provider must within 14 working days return the previous certi"cate of registration to the NTA.

(8) A person who contravenes or fails to comply with subregulation (1) or (7) commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such "ne and such imprisonment. Revocation of registration

14. (1) !e NTA may revoke the registration of a vocational education and training provider if -

(a) any of the conditions for registration ceases to exist;

(b) the vocational education and training provider contravenes or does not comply with any condition of registration or these regulations;

(c) the vocational education and training provider commits an o$ence as contemplated in these regulations;

(d) the vocational education and training provider ceases to operate as such;

(e) any person directly representing the vocational education and training provider commits an o$ence as contemplated in these regulations; or


(f ) the vocational education and training provider does not comply with regulation 8(1).

(2) If the NTA has grounds to believe that any circumstance contemplated in subregulation (1) exists or has occurred, the NTA must issue a written notice to the vocational education and training provider concerned -

(a) stating which circumstance is believed to exist or have occurred;

(b) giving the grounds for the belief referred to in paragraph (a) and;

(c) requesting the vocational education and training provider to explain in writing within 14 working days the reasons for the occurrence of the circumstance concerned or to provide proof that the circumstance no longer exists or occurs.

(3) If the vocational education and training provider concerned does not respond in writing within 14 working days of the written notice referred to in subregulation (2)(c), the NTA -

(a) must conduct or cause to be conducted, an evaluation to determine why the circumstance concerned exists or has occurred; and

(b) must submit a report, together with recommendations, to the SACC.

(4) !e SACC must -

(a) consider the report referred to in subregulation (3)(b) and may revoke the registration of the vocational education and training provider concerned; and

(b) must notify the CEO accordingly.

(5) If the SACC has revoked the registration of a vocational education and training provider as contemplated in subregulation (4) -

(a) the CEO must forthwith in writing notify the vocational education and training provider thereof and request the training provider to surrender the certi"cate of registration;

(b) the vocational education and training provider must -

(i) immediately inform in writing all learners, stakeholders and suppliers of the revocation of the registration of the vocational education and training provider; (ii) immediately reimburse or compensate any enrolled learner who has a lawful claim against the vocational education and training provider as a consequence of the revocation of the registration of the vocational education and training provider, or make adequate arrangements for a$ected learners to complete their vocational education and training programmes at any available comparable vocational education and training providers; (iii) provide the NTA, within 14 working days of receipt of the notice contemplated in paragraph (a), with documentary proof of the actions referred to in subparagraphs (i) and (ii).

(6) !e CEO must publish a notice at least once -

(a) in the Gazette;


(b) in two newspapers circulating in Namibia; and

(c) on the website of the NTA, to inform the public of the revocation of the registration of a vocational education and training provider.

(7) !e NTA may, if deemed necessary, advise learners on other viable options to continue pursuing training at other registered vocational education and training providers.

(8) A person who contravenes or fails to comply with the provisions of subegulation (5)(b) commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such "ne and such imprisonment.

Veri!cation of information

15. Any sta$ member of the NTA duly authorised thereto by the Board may during working hours enter the premises of an applicant or a registered vocational education and training provider for the purpose of verifying any information or particulars furnished as part of -

(a) any application for registration, amendment of registration, amendment of any condition of registration or re-registration; or

(b) a report contemplated in regulation 8.

Display of certi!cate of registration

16. (1) A registered vocational education and training provider must at the registered premises of the training provider display the certi"cate of registration at a prominent place accessible to the public and learners.

(2) If a registered vocational education and training provider has more than one registered premises, the original certi"cate of registration must be displayed at the main registered premises of the vocational education and training provider and certi"ed copies of the certi"cate of registration issued by the NTA must be displayed at the other registered premises of the vocational education and training provider.

(3) A person who contravenes or fails to comply with the provisions of this regulation commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such "ne and such imprisonment.

Maintenance of Registration

17. (1) In order to maintain its registration a registered vocational education and training provider must -

(a) continue to ful"l the requirements for registration contemplated in the Act and these regulations;

(b) comply with any condition of registration;

(c) notify the NTA of any change in the information submitted in terms of the Act and these regulations; and

(d) comply with any other agreed and reasonable process arranged by the NTA after consultation with the vocational education and training provider for the purpose of monitoring compliance with the requirements of the Act and the conditions of registration.


Obligations of training providers

18. (1) A vocational education and training provider must -

(a) maintain the necessary training sta$ with appropriate quali"cations and experience to achieve the objectives of each vocational education and training programme;

(b) maintain a quality management system and procedures appropriate to each vocational education and training programme and services;

(c) maintain su#cient space, equipment and instructional material to provide education and training of su#cient standard to achieve the objectives of each vocational education and training programme;

(d) maintain su#cient funds for the enrolled group of learners;

(e) not exceed the enrolment that the registered premises and equipment can reasonably accommodate; and

(f ) maintain full records of each learner’s admission, training progress and assessment of learning in respect of each vocational education and training programme.

(2) !e vocational education and training provider must report immediately to the NTA -

(a) the loss of or damage to any equipment necessary for the proper conduct of a vocational education and training programme;

(b) the loss of any supporting service to a vocational education and training programme;

(c) any signi"cant reduction in the "nancial or personnel resources needed to sustain a vocational education and training programme;

(d) the intent to acquire or expand into another business entity, vocational education and training institution or property relating to vocational education and training services; or

(e) any other activity or eventuality that may a$ect the service of providing vocational education and training.


Registered vocational education and training programmes

19. (1) A registered vocational education and training provider must o$er only such vocational education and training programmes on only such premises as are registered by the NTA and included in the certi"cate of registration.

(2) A registered vocational education and training provider must ensure that any registered vocational education and training programme is continued long enough to enable any group of learners to complete the full programmes, quali"cations or unit standards enrolled for, but if unavoidable circumstances prevent this -

(a) the NTA must be informed without delay thereof; and


(b) the registered vocational education and training provider must make reasonable arrangements in consultation with the NTA to enable the a$ected learners to complete the vocational education and training programme at a comparable registered vocational education and training provider.

(3) A registered vocational education and training provider who contravenes or fails to comply with this regulation commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to an imprisonment period not exceeding six months or to both such "ne and such imprisonment.

Information for learners and public

20. (1) A registered vocational education and training provider must publish at least once each year by way of a calendar, prospectus, brochure, newspaper advertisement or on its website or in any other appropriate manner for the information of learners and the public the following particulars -

(a) the registered name of the vocational education and training provider;

(b) the contact details of the head o#ce and each premises;

(c) a copy of its certi"cate of registration;

(d) its mission statement;

(e) the type of legal entity of the vocational education and training provider;

(f ) the names of the owner, chief executive o#cer and senior management of the vocational education and training provider;

(g) the names and quali"cations of full-time and part-time training sta$ employed by the vocational education and training provider;

(h) the admission requirements and procedures, including recognition of prior learning, of the vocational education and training provider;

(i) the language policy of the vocational education and training provider;

(j) the mode of instruction of the vocational education and training provider;

(k) details of each registered vocational education and training programme according to the premises where it is o$ered;

(l) where applicable, the accreditation status of the registered vocational education and training provider;

(m) any fees payable, including any refund in the case of withdrawal of a learner’s application;

(n) where applicable, learner "nancial aid;

(o) learner support services; and

(p) rules or code of conduct.



Training records

21. (1) A registered vocational education and training provider must -

(a) keep a comprehensive record of the achievements of each learner;

(b) on request of an enrolled or former learner or an authorised guardian of the learner, make available documented achievements of the learner which shows -

(i) the full names and surname of the learner; (ii) the identity number or passport number and nationality of the learner; (iii) the learner registration number; (iv) the courses taken by code number, where applicable, and name for each year in chronological order; (v) the mark, grade or outcome for each course, with an explanatory note on the marking or grading system; and (vi) quali"cations, credits or merits awarded, and

(c) must on request and against payment of a copy fee charged by the vocational education and training provider, make available to an enrolled learner or former learner or an authorised guardian of the learner, a copy of a certi"cate awarded to the learner.

(2) A registered vocational education and training provider must submit to the NTA such information from its training records as the NTA may require.


O#cial documents, marketing and advertising

22. (1) With respect to all its o#cial documents, advertising and marketing material, a registered vocational education and training provider -

(a) must ensure that all information about its vocational education and training programmes is accurate;

(b) must state that it is registered as a training provider as contemplated in these regulations; and

(c) may not make any false, fraudulent or misleading statements or any other statement to the e$ect that registration as a training provider implies accreditation.

(2) A registered vocational education and training provider may not display on its letterhead, o#cial documents, marketing or advertising material the -

(a) national coat of arms of the Republic of Namibia;

(b) logo of the Ministry of Education; or


(c) logo of the NTA, other than a registration logo contemplated in regulation 10.

(3) A registered vocational education and training provider may advertise any vocational education and training programme, but if any such programme is not leading to a national quali"cation, then the vocational education and training provider must clearly state that the programme concerned does not lead to a national quali"cation.

(4) A person that, while not being registered as a vocational education and training provider in terms of these regulations, states on or in respect of the letterhead, o#cial documents, marketing or advertising material of the provider that the provider is registered as a vocational education and training provider in terms of these regulations commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such "ne and such imprisonment.

Information required by NTA

23. (1) A registered vocational education and training provider must submit in writing such information as the NTA may reasonably require for the purpose of -

(a) monitoring compliance with the Act and these regulations; and

(b) maintaining its vocational education and training programmes, including, but not restricted to a certi"ed copy of any agreement relating to the provision of training services or the sharing of sta$ or facilities between the vocational education and training provider and another registered vocational education and training provider or entity in support of vocational education and training.

(2) A registered vocational education and training provider that contravenes or fails to comply with the provisions of this regulation commits an o$ence and is liable on conviction to a "ne not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such "ne and such imprisonment.

Appeal

24. (1) Any person who is not satis"ed by a decision of the SACC under these regulations may appeal in writing to the Board against that decision within 21 working days from the date on which the decision being appealed against was communicated to the applicant.

(2) An appeal referred to in subregulation (1) must -

(a) state the grounds for the appeal; and

(b) be accompanied by -

(i) all relevant documentation in support of the appeal; and

(ii) the appropriate non-refundable appeal fee charged by the NTA as contemplated in section 33(1) of the Act.

(3) !e Board must consider the appeal, the initial recommendations made by the SACC, inclusive of the decision not to approve an application or to impose conditions of registration, and after the consideration, the Board may -

(a) con"rm the decision made by the SACC and inform the applicant thereof in writing within 14 working days;


(b) set aside the decision made by the SACC and cause a review of the evidence submitted by the applicant and inform the applicant in writing of the outcome within 60 working days; or

(c) amend the conditions imposed for registration and inform the applicant thereof in writing within 14 working days.

(4) A decision of the Board referred to in subregulation (3) must be in writing and a copy of the decision must also be furnished to the SACC.

(5) !e SACC must inform the CEO if any registration or conditions for registration have been amended, and the CEO must adjust the register accordingly and issue a new certi"cate of registration if applicable.

Provisions relating to existing accredited vocational education and training providers

25. (1) Any vocational education and training provider which, at the commencement of these regulations, is accredited by the NQA must within the period contemplated in regulation 3(1)(a) apply for registration in the form of Annexure 1A.

(2) An application referred to in subregulation (1) must be accompanied by -

(a) the relevant certi"cate of accreditation issued by the NQA;

(b) the appropriate non-refundable application fee charged by the NTA as contemplated in section 33(1) of the Act; and

(c) any other information or document as may be requested by the NTA.

(3) On receipt of an application that complies with subregulations (1) and (2), the NTA must, despite any contrary provision in these regulations -

(a) consider the applicant as having complied with the provisions of these regulations relating to registration; and

(b) register the applicant and issue a certi"cate of registration as contemplated in these regulations.

(4) Any accredited vocational education and training provider that fails to comply with this regulation but continues to operate as a vocational education and training provider commits the o$ence contemplated in regulation 3(6) and is liable to the penalties provided in that regulation.


D. GUIDELINES

!is section provides guidance in the completion of the application for registration as a vocational training provider in Namibia. In addition, it provides guidance in terms of examples of the types of evidence that the NTA requires when considering an application for registration.

Please note that the above regulations require training providers to furnish evidence in support of all applicable requirements. Where a requirement is not applicable to a training provider, there must be an explanation why such a requirement is not applicable to the training provider.

To ease the work on the NTA, training providers are requested to arrange their application in a chronological manner, in line with the criteria. For example, evidence on criteria 8 must appear last in the application "le, preceded by evidence in support of criteria 7 and so on.

Where a training provider needs to make reference to a document available in another section, they must have some sort of clear referencing system.

Training providers are also strongly encouraged to, where possible; deliver their applications to the NTA themselves. !e NTA cannot be held accountable for applications that are sent via post and do not reach the NTA. Providers are also requested to sign o$ delivery of their applications at the Quality Assurance reception desk.

Training providers in doubt about any of this information welcome to contact the NTA to seek further clarity.


Conformance Criterion Conformance Aspect Conformance Evidence

1. Training Provider Status

1.1 Legal status of the applicant provider

Training Provider or Business Trading NameTraining provider business registered Name: (Specify type of legal entity e.g. Closed Corporation, PTY Company, Partnership, Sole Proprietorship, Trust, NGO, Welfare Organization).If the activities of the training provider business are also governed in terms of a legislative body, or statutes, then attach a copy of the registration certi"cate issued by the appropriate body in terms of the statute concerned Training provider postal addressTraining Provider physical addressTraining Provider telephone numberTraining provider fax numberIncome tax certi"cate number. Nature/Purpose of the business. Please provide a copy of the training provider’s business plan. It must contain measurable and auditable goals and objectives. (Please ensure that your business plan covers the following aspects: vision, mission, goals & objectives, strategies & implementation, services, "nancial plans & marketing)Documented proof of stakeholder support for proposed services where training programmes are not linked to any national training programmes or NQF awards. (Provide documented letters of support, attendance lists of all stakeholder consultations undertaken or any other written document in support of running the proposed programmes and or services.)Franchise agreements or any other agreements with recognised and appropriately quality assurance bodies. (If the applicant provider is making use of foreign quali"cations, the provider must have an agreement in place with the franchising body to o$er those programmes. !e programmes must also be recognized by a legal entity or quality assurance body in the country of origin).Governance and management structures are in place that will ensure the provision of quality services. !e applicant must provide a list of names of the institutions governing body including their terms of reference (Board of Directors/Trustees). (Management sta$ and their CVs must also be attached. Minutes of the last 3 governing body meetings and 3 management meetings need to be submitted)

2. Access to appropriate premises

2.1 Ownership and status of premises

Proof that the training provider owns or has rights to named premises. (Provider needs to provide ownership documents or documents indicating the right to use the facilities for example a Deed of Sale or lease agreement or rental agreement). !e premises must comply with appropriate health and safety requirements as required by the Labour Act No. 6 of 1992. (Provide Health & Safety Certi"cate or Certi"cate of Fitness from the Town Council or Regional Council).!e premises are appropriate and adequate for the nature of services to be o$ered as well as proposed learners to be enrolled. (Provide a listing of all facilities available on site as well as projected number of learners to be enrolled).


3. Financial status

3.1Financial Information

Provide documentary proof that current assets and projected income & expenditure are and will be su#cient to sustain services for the period of registration. (Provide "nancial documentation to support the above. In this case, balance sheet/income & expenditure statements, income & expenditure projection, donor funding agreement, budgetary allocations for organizations whose core business is not training).Provide "nancial guarantees or declaration that the training provider will continue to meet the obligations of the institution’s services o$ered as well as support sta$. (Provide a letter of guarantee or declaration from the governing body of the institution in support of the above).Provider is maintaining "nancial records according to Generally Accepted Accounting Practices and reporting against International Financial Reporting Systems Please provide latest audited "nancial records. (Provide the latest "nancial audited records of the institution provided by an independent auditing "rm which is registered in Namibia).Provide a Certi"cate of Good Standing from the Commissioner of Inland Revenue for VAT, PAYE and Income Tax, & Income Tax Certi"cate.Provide a certi"ed copy of the A#rmative Action Compliance Certi"cate (if applicable), from the Employment Equity Commission.Provide a certi"ed copy of the Certi"cate of Registration with the Social Security Commission.

4. Sta" and additional resources

4.1Sta"

Recruitment and selection policies and procedures to ensure the appointment of su#cient and appropriate teaching, administrative and support sta$. (Please note that these particular policies will be evaluated and tested to see if they are being implemented at the institution). Provider has adequate training and supporting sta$ with relevant quali"cations and experience employed in line with relevant legislation. (Please complete Annex 1:B1) (Provide complete CVs, certi"ed quali"cations and identi"cation documents, visas, work permits and where applicable NQA evaluation of foreign quali"cations. !ese have to be provided for all training and non-training support sta$ of the institution).Policies and procedures to support trainer development programmes and career advancement. (In addition to the policies and procedures for trainer development, please provide evidence that this is being applied. Indicate what trainer development or career advancement activities have taken place at your institution).

4.2 Tools and equipment

!ere are su#cient tools and equipment to appropriately support the projected intake of learners. (Provide a list indicating the required tools and equipment versus what is available at the institution for each programme o$ering. !ese have to be su#cient for the learner intake at the training institution. In the training provider is aware of any shortcomings, these also need to be stated upfront and the strategies to acquire the missing tools and equipment. It is also strongly advised that the institution provides proof of ownership of tools and equipment).


5. Instructional material, programme delivery and assessment

5.1 Training material and programmes - Please complete Annex 1:B2

Course statements, syllabi, unit standards and related instructional material are in place or being acquired. (Provide samples of these in the application. !is will also be assessed during the site visits).Where not aligned to the NQF or any national curriculum, the course statements and training material have been developed in consultation with all relevant stakeholders. Please provide proof of this. (Provide proof in line with why the programme was developed (rationale), the target audience as well as stakeholders that were involved in the development of the programme as well as their endorsement of the programme).!e instructional material i.e. syllabi, unit standards, curricula, software, audio visual materials, text books and other resources are available reasonably and responsibly accessible to the learners. !ese must be up to date. (Provide evidence of additional training support material that is available to supplement the training programme. !e material has to be su#cient and relevant to the programmes).!e number of learners on each programme are known and adequately provided for. (Provide a list of each programme area and the number of learners on each programme. !is must correspond to the available facilities, tools and equipment, trainers and teaching resources available at the institution).!e training provider is adequately ensuring that training delivery and assessment plans are in place and utilised appropriately. Please provide proof. (Provide evidence of training delivery plans, timetables, schedules, lesson plans, assessment plans, and job attachment release schedules. !ese will also be veri"ed on site).!e training provider has suitable and robust assessment and moderation systems and processes. !is should include quali"ed assessors and moderators. (Provide assessment policies and process documents indicating how assessment is undertaken at the institution. Also provide a list of the assessors and moderators at the institution. Hint: by default, all trainers need to be assessors).

6. Learner support

Provider has a documented process that adequately informs learners about the institution and services o$ered. (Provide documents on the process followed to inform learners about the institution and its whole range of services. !is must include all the documents which are provided to the learner).Provider has a properly structured application, selection and induction process which is conducted periodically. (Provide policy/ or process documents on how the institution recruits learners from the application, shortlisting, selection and "nally induction. All documents used in the process must also be attached to the application).Learners are provided with rules and regulations, guidelines and procedures relating to the institution, training and services o$ered. (Although this requirement will be veri"ed on site, the applicant must include all the information disseminated to learners in the application).Provider has a structured documented plan for career guidance and learner support. (Provide documents detailing how the institution conducts career guidance for its learners as well as how the institution carries out learner welfare and wellbeing activities. !ese may relate to how to deal with learners with learning di#culties to learners who fall pregnant or learners who cannot continue with studies due to socio-economic or family issues).


7. Quality Management System

7.1 Policies and Procedures

!e provider has a quality management system that provides for policies and procedures covering all aspects of the provider’s services: Provide policies and procedures for all the main business processes at the institu-tion. A policy states what needs to be done and who needs to do it. A procedure outlines how it is going to be done. Some key business processes at an institution may include, but are not limited to Learner Selec-tion, Assessment, Health and Safety, Learner Support & Career Guidance, Industrial Attachment, Human Resources, Finances and Administration, HIV AIDS, IT & Communication.

8. Training Records

!e provider has up to date records of all learner admission, academic progress and assessment. !e records must secure and archived and must be retrievable for both present and past learners. (Applicants must provide samples of learner records, not limited but must include records on admission, academic or training progress as well as assessment and any other achievements the learner may have accomplished. !is will also be veri"ed on site by means of random sampling. In addition, these records must be stored safely and securely. !e training provider must be able to show records for current and past learners who have been at the institution).!e provider has secure facilities for the storage of both electronic and hard copies of all records. (!e institution must demonstrate its capacity to securely store all of its records. For hard copies, the institution must have an archiving system where records are stored in a safe, "reproof, waterproof, pest proof environment. For electronic records, the institution must demonstrate its capacity to store records securely by use of passwords and access rights to documents. User access rights must be established as well as designation and separation of these. Antivirus or protective software, as well as operational software needs to be up to date and all its users must be knowledgeable in operating it. !e above will be veri"ed on site).!e provider maintains up to date records of all sta$, activities and services o$ered at the institution. (!e institution must make sure that all records of all the institutional sta$, learners, activities undertaken at the institution, institutional achievements, services o$ered and all other institutional records are maintained and updated as the case may be. !is will also be veri"ed on site). !e provider submits requested records and data to the relevant authorities in a secure and timely manner. (In cases where an institution is required to submit records and data, there must be an established means of how that data will be submitted. !is means should be secure. !e institution must also be capable of submitting the required information on time. A system of recording requests for this data as well as turnaround time needs to be established).


Additional documentation to be submitted with the application

1. A signed declaration that the training provider, if registered, will not discriminate on the grounds:grounds as set out in Article 10(2) of the Constitution with regard to the admission of learners;grounds as set out in Article 10(2) of the Constitution with regard to the recruitment of sta$;

2. A signed declaration that the training provider:will maintain the necessary training and support sta$ with appropriate training or professional quali"cations and experience to achieve the objectives of each vocational education and training programme;will maintain a quality management system including, but not limited to, assessment policies and procedures appropriate to each vocational education and training programme and service;will maintain su#cient space, equipment and instructional material to provide vocational education and training of su#cient standard to achieve the objectives of each vocational education and training programme;will not exceed the enrolment that the facilities and equipment can reasonably accommodate;will maintain full records of each learner’s admission, training progress and assessment of learning in respect of each vocational education and training programme;

3. A signed declaration that the applicant, if registered, will comply with:a periodic evaluation of the vocational education and training provider by the NTA at intervals to be determined by the NTA; andany other reasonable process arranged by the NTA after consultation with the vocational education and training provider for the purpose of monitoring compliance with the requirements of the Act and these regulations.


Training Provider application submitted to NTA Quality

Assurance Division

Desk Evaluation

Stage One Audit

Stage Two Audit

Recommendation to SACC

Decision from SACC Appeals (if necessary)

Surveillance Audits

To evaluate the evidence in support of meeting criteria

To familiarise the Quality Systems Auditor on the

institution as well asidentify areas of concern

To ensure that areas of concern have been

addressed as well as for certification purposes

E. APPLICATION PROCESS

Registration of Training Providers

Under the Vocational Education and Training Act 1, 2008, the Namibia Training Authority has been mandated to regulate the vocational education and training market in Namibia. Regulation of the sector takes various forms, one of which is through the Regulations for Registration of Vocational Education and Training Providers: Vocational Education and Training Act, 2008.

A large sector of the vocational training market in Namibia is not regulated. As a result, the market encounters unscrupulous service providers, low standards of training and assessment provision as well as numerous challenges related to the quality of managing training and training institutions.

In response to the above challenges, the Vocational Education and Training Act has put in place regulations which are going to usher, for the "rst time, a simple and standardised mechanism to de"ne what standards of quality are to be employed within vocational training.

In terms of these regulations, it will be required of all entities conducting vocational training in Namibia to be registered with the NTA, whether they are fully %edged vocational training institutions or company based training institutions.

Registration Process

All training providers are required to complete an application form and submit it to the Quality Assurance Division at the NTA. !e application must be complete and must be accompanied by the required evidence required by Annexure 1B. !is is important because an incomplete application will not be accepted for processing.

After the application is received, it follows the process below:


F. FEE SCHEDULE

In respect of the VET Act, 2008, the Namibia Training Authority is publishing the following fee schedule in relation to the Registration of Vocational Education and Training Providers as contemplated in sub regulation 3(2e), 12(2), 13 (1b) and 24 (2b(ii)) of the Regulations for Registration of Vocational Education and Training Providers: Vocational Education and Training Act, 2008.

!e appropriate application must be accompanied by proof of payment of the appropriate non-refundable fees payable into the following account:Namibia Training AuthorityBank WindhoekKudu BranchCheque AccountAccount Number 800 101 201 8

Please ensure that you clearly indicate “Training Provider Registration Fees” in the reference box/block of the bank deposit slip.

REGISTRATION FEE SCHEDULE

1. Application for Preliminary Registration No cost

2. Application for Registration N$ 3,000.00

3. Application for Expansion in Programme o!erings or amendment of conditions of Registration N$ 1,500.00

4. Application for Re-registration N$ 3,000.00

5. Appeals N$ 6,000.00


No. QUESTION ANSWER

1 What is vocational education and training?

Education and training which provides learnerswith occupational or work related knowledge and skills

2 Who is a vocational education and training provider?

A person or organisation which o$ersvocational education and training programmes to learners

3 Who needs to apply for registration with the NTA?

Any entity o$ering vocational education and training in Namibia

4 What are the bene"ts of registering with the NTA?

Apart from the mandatory requirement, training providers may be eligible to receive professional and technical advice from the NTA. Training providers o$ering training in areas considered as industry priority areas may be eligible to receive funding

5 Will I qualify for funding if regis-tered with the NTA?

Not automatically. Registered training providers stand a chance to receive funding if the training they are o$ering is priority industry required training or if they are o$ering training in demand

6 What if my institution does not com-ply with all the requirements?

!e NTA will assist the training institution to identify the areas of concern and give the respective provider ample time to remedy the shortcomings

7 Do the regulations cater for sole proprieties?

Yes. !e regulations cater for every type of provider except where certain exemptions are made by the Act.

8 What is the turn-around time for registration

In normal situations, a complete application for registration should have a turn-around time of 3 months. !is period may be extended where special circumstances arise and the training provider will be kept abreast of such developments

9Why can’t providers be registered with conditions or receive provisional registration?

!e regulations do not provide for provisional registration. During the stage one audit, areas of concern are identi"ed and highlighted to the providers. !e providers are provided with ample time to implement corrective actions upon which the stage two audit is conducted.

10 What does it mean to be a registered Training Provider?

A vocational education and training provider is any entity who registered in accordance with these regulations to o$er vocational education and training programmesto learners;

G. FREQUENTLY ASKED QUESTIONS


No. QUESTION ANSWER

11Will a training provider be allowed to operate in Namibia without being registered?

No. !e regulations do not allow any training provider to operate or continue to operate as the case may be, in Namibia without being registered with the NTA.

12 Who conducts the audits?Quality Systems Auditors appointed under the NTA are re-sponsible for conducting the audits in conjunction with subject matter experts.

13 Who are subject matter experts?

!ese are persons nominated from industry who have expertise in speci"c industry occupations. !ey work hand in hand with Quality Systems Auditors to determine the suitability of an institution to o$er vocational training

14 How long is registration valid for?

Registration is valid for a maximum of 2 years for any provid-ers who are not accredited with the Namibia Quali"cations Authority (NQA). !ese training providers have to reapply for registration.

!ose training providers who are accredited do not need to reapply for registration as long as they maintain their accredita-tion status.

15 Does my institution also have to ap-ply for accreditation?

All institutions are strongly encouraged to apply for accredita-tion with the NQA as soon as they are in a position to do so. Although accreditation is not mandatory, the NTA strongly encourages institutions to gain accreditation.

16 What fees are payable for registra-tion?

!e following fees are applicable for registration and subse-quent processes:Application for registration: N$ 3000-00Application for re-registration: N$ 3000-00

17What happens when an institution does not continue to meet registra-tion criteria?

!e NTA will issue a written notice to the training provider to which the provider must respond within 14 working days. Further action may be undertaken in line with the response received from the training provider.


No. QUESTION ANSWER

18Under what circumstances can the registration of a training provider be revoked?

Training provider registration may be revoked if:

Conditions of registration cease to exist;

Training provider contravenes any conditions of the regula-tions;

Training provider commits an o$ence;

Training provider ceases to operate;

Direct representative/s of the training provider commits an o$ence;

Training provider does not submit the mandatory report to the NTA as required.

A process will be undertaken to determine the nature of the reason to revoke the registration of a training provider in line with the regulations.

19 Does a registered institution receive a certi"cate?

A registered institution will receive a certi"cate of registration which must be prominently displayed at the premises of the training provider at a place accessible to the learners and the general public.

20 What happens if a training provider is not happy with the outcomes of a registration process?

Any person who is not satis"ed with a decision of the NTA under the regulations may appeal in writing to the Board of the NTA. !ey however must state the grounds for the appeal and submit all relevant documentation in support of the appeal for the consideration of the Board.


NTA Village, Rand Street, Khomasdal, WindhoekP. O. Box 70407, Khomasdal, Windhoek, Namibia

Tel: +264 61 207 8557, [email protected]

www.nta.com.na

NAMIBIA TRAINING AUTHORITY

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