Accreditation and Accreditation Systems in South Africa

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Accreditation and accreditation

systems in South Africa: A review of

existing domestic legislation,

regulations, policies, and procedures

A situational analysis

By

Amanda Dissel

Draft as at 07 December 2009

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ContentsContents ................................................................................................................ 2

Introduction ........................................................................................................... 3

Requirements of the Child Justice Act .................................................................... 4

Objectives of the Child Justice Act ................................................................... 4

Objectives of Diversion .................................................................................... 5

Diversion Options ............................................................................................ 6

Minimum Standards for Diversion ................................................................... 7

Provision and accreditation of diversion programmes and diversion service

providers ....................................................................................................... 11Quality assurance process ............................................................................. 12

Current systems of accreditation ...................................................................... 13

National Qualification Framework .................................................................. 13

Accreditation and quality assurance systems within government departments

......................................................................................................................... 24

Department of Social Development ............................................................... 24

Professional Bodies ........................................................................................... 28

Conclusion ........................................................................................................ 34

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IntroductionThe Child Justice Act 75 of 2008 introduces a new system of child justice for

children in conflict with the law in South Africa. The Act is based on

Constitutional principles and international obligations, such as the Convention on

the Rights of the Child. It establishes a separate criminal justice system and

criminal procedure for children. The Act entrenches principles of restorative

justice while ensuring the childs accountability and responsibility for crimes

committed. A key component of the Act is about creating the possibility of

diverting children who have committed offences away from the criminal justice

system in appropriate circumstances. Children not diverted are to be dealt with

through the criminal justice system by means of child justice courts.

Diversion of children aims to create mechanisms for dealing with childrenoutside of the formal courts in ways that meet the specific needs of the child,

while holding him or her accountable. It also aims to respond to the harm caused

by the child through a restorative justice approach, but also seeks to address any

offending behaviour and reduce the potential for reoffending. The Act sets out

the range of diversion options which a child may be referred to, as well as

establishing minimum standards for diversion. While diversion has been offered

to children in South Africa for over 15 years, there have been no mechanisms for

overseeing and approving the nature and quality of those services and

programmes or of the providers who offer those services.

The Act introduces the requirement that a child may only be referred to a service

provider or programme that is accredited in terms of the Act. Service providers

include government, non-governmental and educational bodies. The

accreditation mechanism is envisaged to ensure that service providers meet

minimum standards that are to be defined by the accreditation body.

Programmes must also be accredited so that they meet the minimum standards

set out in the Act and provide a meaningful response to the harm caused. In

addition to the accreditation process, the Act also provides for quality assurance,

and the monitoring and evaluation of programmes and service providers.

The Department of Social Development (DSD) is tasked with the development ofthe accreditation and quality assurance framework. NICRO was requested to

assist with this process by undertaking research and developing

recommendations for the accreditation framework. As part of this project, this

paper aims to outline what relevant systems for accreditation and quality

assurance currently exist in South Africa.

This paper starts by outlining the requirements of the Child Justice Act in terms

of the objectives and minimum standards for diversion. It then outlines the

requirements for the accreditation and quality assurance system. The paper then

outlines the National Qualification Framework, which is the primary system for

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accreditation of training and development programmes and service providers in

the country.

The paper then outlines what accreditation and quality assurance mechanisms

currently exist within several government departments: the Department of Social

Development; the Department of Health, Department of Education, andDepartment of Correctional Services.

Systems of accreditation used by several professional bodies are outlined.

Finally, the paper concludes and makes tentative recommendations based on the

research.

Requirements of the Child Justice Act

Objectives of the Child Justice Act

The Child Justice Act 75 of 2008 introduces a new system of child justice for

children in conflict with the law in South Africa. The Act is based on

Constitutional principles and international obligations, such as the Convention on

the Rights of the Child. It establishes a separate criminal justice system and

criminal procedure for children. The Act entrenches principles of restorative

justice while ensuring their accountability and responsibility for crimes

committed. A key component of the Act is about creating the possibility of

diverting children who have committed offences away from the criminal justicesystem in appropriate circumstances. Children not diverted are to be dealt with

through the criminal justice system by means of child justice courts.

The objectives of the Act are set out in section 2, and they establish the context

in which the rest of the Act must be interpreted, and are important for

understanding the context in which diversion is to be rendered to children. The

Act firstly aims to protect the rights of children as is provided for in the

Constitution. Importantly, the Act also aims to promote the spirit of ubuntu

through fostering the childs sense of dignity and worth. It aims to balance the

rights of the child with the rights and freedoms of the community by holding the

child accountable for their actions. The Act aims to support reconciliationthrough restorative justice, and through involving parents, families, victims and

other members of the community affected by crime.

In terms of responding to and preventing crime, the Act aims to provide for the

special treatment of children in a system which is designed to break the cycle of

crime, which will contribute to safer communities and encourage children to

become law abiding and productive adults.

The mechanisms used to deal with children should be more suitable to the needs

of children. It is particularly noteworthy that the Act promotes cooperation

between government departments and with civil society and the non-

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governmental sector. This is so as to ensure an integrated and holistic approach

to the implementation of the Act.

Objectives of Diversion

Chapter 8 of the Act deals with the objectives, principles and procedures for

diversion of children. The objectives, as set out in section 51 are to:

Deal with a child outside the formal criminal justice system in appropriate

cases;

Encourage the child to be accountable for the harm caused by him or her;

Meet the particular needs of the individual child;

Promote the reintegration of the child into his or her family and

community;

Provide an opportunity to those affected by the harm to express their

views on its negative impact;

Encourage the rendering to the victim of some symbolic benefit or the

delivery of some object as compensation for the harm;

Promote reconciliation between the child and the person or community

affected by the harm caused by the child;

Prevent stigmatizing the child and prevent the adverse consequences

flowing from being subject to the criminal justice system;

Reduce the potential for re-offending;

Prevent the child from having a criminal record; and

Promote the dignity and well-being of the child, and the development of

his or her sense of self-worth and ability to contribute to society.

In terms of section 52, a child may be diverted during different stages in the

criminal justice process, including by the prosecutor before a preliminary inquiry

in the case of a child accused of a Schedule 1 or minor offence; at thepreliminary inquiry, or during a trial. In considering whether a child should be

diverted, in addition to considering any prior record of diversion, the following

factors need to be taken into account. These are whether:

the child acknowledges responsibility for the offence;

the child has been unduly influenced to acknowledge responsibility;

there is a prima facie case against the child;

the child and his or her parent, an appropriate adult of guardian consentto diversion; and

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the prosecutor indicates whether the child may be diverted in terms of the

provisions of the Act.

In addition, in cases involving Schedule 2 or 3 offences the victim or person

representing the victim must be consulted for their views, as must the police

official responsible for the investigation of the matter.

Section 9 deals with children under the age of 10 years of age. Where a police

officer believes that a child is suspected of having committed an offence, he may

not arrest the child, but must hand the child over to the childs parents, guardian

or appropriate adult. The child must be assessed by a probation officer. After the

assessment, the probation officer may: refer the child to the childrens court; to

counseling or therapy (s 9(3)(a)(ii)); to an accredited programme designed

specifically to meet the needs of children under the age of 10 years (s 9(3)(a)

(iii)); arrange support services for the child; arrange a meeting with the child and

the childs parents, guardian or appropriate adult; or take no action.

Diversion Options

Section 53 sets out a range of possible diversion options for a child. Level one

options are available for children accused of Schedule 1 offences, and level two

diversion options apply to cases involving Schedule 2 and 3 offences.

Level One diversion options include:

a) an oral or written apology to a specified person or persons or institution;

b) a formal caution, with or without conditions;c) placement under a supervision and guidance order;d) placement under a reporting order;e) a compulsory school attendance order;f) a family time order;g) a peer association order;h) a good behaviour order;i) an order prohibiting the child from visiting, frequenting or appearing at a

specified place;j) referral to counselling or therapy;k) compulsory attendance at a specified centre or place for a specified

vocational, educational or therapeutic purpose;l) symbolic restitution to a specified person, persons, group of persons or

community, charity or welfare organisation or institution;m) restitution of a specified object to a specified victim or victims of the

alleged offence where the object concerned can be returned or restored;n) community service under the supervision or control of an organisation or

institution, or a specified person, persons or group of persons identified bythe probation officer;

o) provision of some service or benefit by the child to a specified victim orvictims;

p) payment of compensation to a specified person, persons, group of personsor community, charity or welfare organisation or institution where the

child or his or her family is able to afford this; and

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q) where there is no identifiable person, persons or group of persons towhom restitution or compensation can be made, provision of some serviceor benefit or payment of compensation to a community, charity or welfareorganisation or institution (S 53(3)).

Level two diversion options includea) the level one diversion options referred to in subsection (3)(j) to (q);b) compulsory attendance at a specified centre or place for a specified

vocational, educational or therapeutic purpose, which may include aperiod or periods of temporary residence;

c) referral to intensive therapy to treat or manage problems that have beenidentified as a cause of the child coming into conflict with the law, whichmay include a period or periods of temporary residence; and

d) placement under the supervision of a probation officer on conditions whichmay include restriction of the childs movement outside the magisterialdistrict in which the child usually resides without the prior written approvalof the probation officer (S 53(4)).

Minimum Standards for Diversion

Section 55 sets out minimum standards applicable to diversion. The diversion

must be structured in such a way as to strike a balance between the

circumstances of the child, the nature of the offender, and the interests of

society, and

a) may not be exploitative, harmful or hazardous to the childs physical ormental health;

b) must be appropriate to the age and maturity of the child;c) may not interfere with the childs schooling;d) may not be structured in a manner that completely excludes certain

children due to a lack of resources, financial or otherwise; ande) must be sensitive to the circumstances of the victim.

In addition, diversion programmes must be structured in such a way, that as faras possible they

a) impart useful skills;b) include a restorative justice element which aims at healing relationships,

including the relationship with the victim;c) include an element which seeks to ensure that the child understands the

impact of his or her behaviour on others, including the victims of theoffence, and may include compensation or restitution;

d) be presented in a location reasonably accessible to the child;e) be structured in a way that they are suitable to be used in a variety of

circumstances and for a variety of offences;f) be structured in a way that their effectiveness can be measured;g) be promoted and developed with a view to equal application and access

throughout the country, bearing in mind the special needs andcircumstances of children in rural areas and vulnerable groups; and

h) involve parents, appropriate adults or guardians, if applicable.

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In 2007 the Department of Social Development launched a set of Minimum

Standards for Diversion.1 This was to standardise the way that diversion was

being implemented by a number of different role players, and to ensure that

diversion complied with Constitutional and Batho Pele principles. It sets out the

minimum norms and standards that clients should expect from organisers,

facilitators and programmes. The standards aim to ensure that diversion servicesare client orientated, accurate and effective; reach the intended outcomes;

provide various intervention options, are private and confidential, and do not

infringe on the rights of children. It also aims to provide guidelines for

organisational administration and procedures and monitoring and evaluation.

Ninety-five standards were developed for diversion practice that could be

grouped into two categories: standards relating to organisational infrastructure,

systems and capacity; and standards relating to programme outcomes. Each

standard has a number of sub-issues. It also has a set of indicators to determine

whether the service provider complies with the indicators.

In terms of organisational infrastructure, the Standards deals with: knowledge

and skills of facilitators (and in respect of certain specialised programmes);

programme environment; the extent to which the organisation promotes and

protects childrens rights; safety procedures; supervision and de-briefing of staff;

performance management; organisational and staff code of conduct; record

keeping; systems for financial management; governance, and legal structure.

The organisation should also align itself and its services with the UN Convention

on the Rights of the Child, the South African Constitution and Bill of Rights, the

African Charter on the Rights and Welfare of the Child, the UN Standard Minimum

Rules for the Administration of Juvenile Justice, the UN Rules for the Protection of

Juveniles Deprived of their Liberty, the UN Guidelines on the Treatment of

Prisoners, and the Code of Conduct for Service Professionals (Standard 23).

In respect of programmes, the Minimum Norms and Standards deals with post

arrest assessment, the design and delivery of programmes, and establishes

standards in respect of specific types of programmes, such as for sex offender

and restorative justice processes. The section on Diversion Programme Design

and Delivery sets out the detailed standards in quite a lot more detail than is

provided for in the minimum standards for diversion set out in section 55 of the

Act. There is some, though not complete, correlation between the standards setout in the Act and those provided in the policy document. The following is an

analysis of what is contained in the Act, and the Minimum Norms and Standards

for Diversion.

Child Justice ActS 55 (1) provides that diversionprogrammes -

Minimum Norms and Standards forDiversion

a) may not be exploitative, harmfulor hazardous to the childsphysical or mental health;

1 Department of Social Development. (undated). Minimum Norms and Standards forDiversion. Department of Social Development.

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b) must be appropriate to the ageand maturity of the child

74. The programme is appropriate tothe childs age, physical, and cognitiveability.82. The manner in which the

programme is deliveredencourages the active participation ofthe young offender.

c) may not interfere with the childsschooling;

d) may not be structured in amanner that completelyexcludes certain children due toa lack of resources, financial orotherwise

e) must be sensitive to the

circumstances of the victimS 55(2) Diversion programmes must bestructured in such a way that they:

a) impart useful skillsb) include a restorative justice

element which aims at healingrelationships, including therelationship with the victim

c) include an element which seeksto ensure that the childunderstands the impact of his or

her behaviour on others,including the victims of theoffence, and may includecompensation or restitution

d) be presented in a locationreasonably accessible to thechild

73. The diversion programme isreasonably geographically accessible tothe child.

e) be structured in a way that theyare suitable to be used in avariety of circumstances and fora variety of offences

80. The intensity of diversionprogrammes (frequency and durationof programme activities) varyaccording to the level of risk recordedin the pre-intervention assessment of

participants (i.e. the most intensiveservices are delivered to higher riskcases; and less intensive services aredelivered to lower risk cases).

f) be structured in a way that theireffectiveness can be measured

72. Diversion programmes includepost-intervention assessment thatmeasure changes in factors assessed inthe pre-intervention assessment.78. Diversion programmes have asystem for monitoring the quality ofprogramme delivery.

79. Diversion programmes have asystem for monitoring the childsprogress, including his/her compliance

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with the conditions of his/her diversionorder, and a record of reasons for noncompliance, if applicable.83. Diversion programmes are subjectto regular outcomes Evaluation.

84. Diversion programme staff trackparticipating children within one year ofprogramme completion to establish theoverall well-being of the child with anemphasis on further offendingbehaviour.

g) be promoted and developed witha view to equal application andaccess throughout the country,bearing in mind the specialneeds and circumstances of

children in rural areas andvulnerable groups.

h) involve parents, appropriateadults or guardians, if applicable.

75. The development of diversionprogrammes is based on researchevidence of what works in reducingcriminal behaviour in children andadolescents76. Diversion programmes have clearlyarticulated programme objectives andoutcomes.77. Diversion programme design andactivities can be shown to address thefactors directly associated withoffending, and are therefore likely toreduce the problem of reoffending.81. A senior staff member regularlysupervises diversion programme staffmembers.

As can be seen from this table, there are many additional standards that are

introduced by the Child Justice Act. In addition, there are several aspects of theMinimum Norms and Standards that are not captured by the Act. Whereas the

Child Justice Act requires that all programmes include a restorative justice

element which aims at healing relationships, including the relationship of the

victim, the Minimum Norms and Standards has a specific set of standards

relating to Restorative Justice Processes (Standards 95 89). These standards

speak to the preparation of all parties for the process, voluntary participation,

increasing the childs investment in the agreements made, enhancing the

perceived fairness of the process, and receiving a copy of any agreement

reached during the process.

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The Standards for Sex Offender Programmes (Standards 90 95) provide for pre-

intervention assessment that takes into account specific factors (such as

relationship between victim and offender and degree of violence used); that the

programme include sex education; that it addresses the childs ability to regulate

their behaviour; addresses the development of victim empathy; involvement of

the parent or care-giver; and specifies the amount of hours required for theprogramme.

This extensive set of norms and standards provides a valuable tool for the

assessment and accreditation of service providers and of programmes.

Provision and accreditation of diversion programmes and diversion

service providers

The Act provides that a child may only be referred for diversion to a diversionprogramme or diversion service provider that has been accredited in terms ofsection 56 of the Act. A valid certification of accreditation must be provided tothe service provider, which is valid for a period of four years from the date ofaccreditation.

The Act does not define a diversion programme, but it would appear to apply todiversion options in terms of s 9(3)(a)(ii) and (iii) in the case of children youngerthan 10 years old; s 53(3)(j) and (k) in terms of a child charged with a ScheduleOne offence; and in respect of a child charged with a Schedule Two or Threeoffences, to diversion in terms of s 53(3)(j) and (k) and s 53(4)(b) and (c). Thesesections provide for referral to counselling or therapy or to attendance at aspecified place for specified vocational, educational or therapeutic purpose.

Although diversion programmes have been offered to diverted children for over15 years, there has never been a standardised system of accreditation, approvalor assessment. The Department of Social Development developed a set ofMinimum Standards for Diversion and these were approved prior to thefinalisation of the Act, but it is not clear to what extent they have been applied. 2

The Act now creates an obligation to put systems in place. The Cabinet Ministerresponsible for social development, in consultation with the ministers of justice,education, correctional services, safety and security and health must create apolicy framework to develop the capacity, within government and the non-

governmental sector to establish, maintain and develop programmes fordiversion. The Minister must also establish and maintain a system foraccreditation of programmes for diversion and for diversion service providers.And, the Minister must ensure the availability of resources to implementdiversion programmes.

The Act provides that the system for accreditation must contain:a) Criteria for the evaluation of diversion programmes to ensure they comply

with the minimum standards set out in section 55 of the Act;b) Criteria for the evaluation of the content of diversion programmes to

ensure that they reflect a meaningful and adequate response to the harm

2 Department of Social Development. (undated). Minimum Norms and Standards forDiversion. Department of Social Development.

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caused by offences committed by children, and to achieve the objectivesof diversion;

c) Mechanisms to monitor diversion programmes and diversion serviceproviders in respect of their ability to render quality service, and theirability to promote compliance with diversion orders;

d) Measures for the removal of diversion programmes and diversion serviceproviders from the system, where appropriate.

The policy framework and system for accreditation must be tabled in Parliamentbefore the commencement of the Act in April 2010. Three months after this hasbeen done, a notice in the Government Gazette must invite applications foraccreditation of diversion service providers and programmes, and these must besubmitted within four months of the notice. All applications must be consideredand decided on within four months of submission of the applications. Preferenceis to be given to the processing of applications in respect of programmes andservice providers which were in existence at the time of commencement of theAct. Section 98(2) of the Act provides that where a programme or service

provider existed prior to the commencement of the Act it may continue tooperate until it has been informed of the accreditation decision.

The policy framework must determine time frames for the consideration ofapplications after the initial process of advertisement and application referred toabove.

The Minister for Social Development must publish in the Gazette the particularsof each diversion programme and diversion service provider that is approved orremoved from the system within 30 days of accreditation or removal. A copy ofthis publication must be given by the Director-General of Social Development toall the relevant role-players falling under his or her jurisdiction, as well as to theDirector-General of Justice and Constitutional Development who must distributethe publication to all relevant role-players involved in the administration of theAct.

The Act does not specify that the accreditation system must comply with theprovisions of the National Qualification Framework for accreditation of educationand training service providers and learning programmes.

Quality assurance process

Section 56(2)(g) of the Act requires that a quality assurance process must be putin place in respect of each accredited programme and diversion service provider.

Draft regulation 32 of the Child Justice Act (the version made available forcomment in August 2009) provides for a quality assurance process in terms ofdiversion programmes and service providers. A quality assurance panel must beappointed by the Minister for Social Development, which must consist ofbetween 3 and 7 members, one of whom must be an independent person, andanother may be an official employed by the State. The members must haveknowledge and experience relating to diversion programmes and childrensissues. The panel must determine its own procedures having regard to soundadministrative practices and just administrative action.

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In conducting the quality assurance process, the panel must give reasonablenotice to the service provider, and hold a preliminary meeting with themanagement and relevant staff to discuss the objective of the quality assurance,the methods, mechanisms and criteria which will be used. The panel must invitethe diversion service provider to submit any written evidence on self-review and

recommendations; receive oral evidence where necessary and consider andassess the evidence received; and conduct field work which must include sitevisits and interviews with the children who are on or who have attendeddiversion programmes. The panel must prepare a preliminary report which mustcontain the proposed findings and recommendations and give the serviceprovider an opportunity to respond to the report. After considering the response,the panel must compile a final report.

Both the preliminary and final reports must provide sufficient information toenable the diversion service provider and the Minister to understand itsconclusions and findings. It must indicate what sources were consulted, whatinformation was considered and explain how the panel arrived at its conclusions.

The report must also consider and reflect on conflicting information and thepossible reasons for this.

The final report must be submitted to the Minister to be dealt with in terms of thePolicy Framework and system referred to in section 56(2)(c) of the Act. A copy ofthe report must also be given to the service provider.

A quality assurance process must be conducted in respect of each serviceprovider at least once a year, or on receipt of a complaint.

Current systems of accreditation

National Qualification Framework

National Qualification systems have emerged in different countries over the past

thirty years to manage relations between education, training and work. Some of

these focus only on vocational and skills training. In South Africa this

development was also prompted by a need to address the inequalities that were

brought about through Apartheid and its impact on the educational system

resulting in learners lack of access and success, weak management practices,and poor teaching practices.3 The National Qualifications Framework (NQF) was

established by the South African Qualifications Authority Act 58 of 1995, and it

was seen as a key instrument of transformation. Unlike many other systems, the

NQF incorporates learning at all levels and in both institutional and workplace

contexts, and it does not exclude any area or level of learning.

The objectives of the NQF are to:

1. create an integrated national framework for learning achievements;

3

Shirley Walters, Chair of SAQA, and Mr Samuel Isaacs, CEO of SAQA for the ConferenceThe European Qualifications Framework linking to a globalized world, Brussels, 29-302009.

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2. facilitate access to, and mobility and progression within education,

training and career paths;

3. enhance the quality of education and training;

4. accelerate the redress of past unfair discrimination in education, trainingand employment opportunities; and thereby

5. contribute to the full personal development of each learner and the social

and economic development of the nation at large.

The South African Qualifications Authority (SAQA) was established to oversee the

development of the NQF, and to formulate and publish policies and criteria for

the registration of bodies responsible for establishing education and training

standards or qualifications, and the accreditation of bodies responsible for

monitoring and auditing achievements in terms of such standards or

qualifications (s 5(1) of SAQA Act).

SAQA is also responsible to oversee the implementation of the NQF through:

a. the registration or accreditation of bodies and the assignment of functions

to them;

b. the registration of national standards and qualifications;

c. taking steps to ensure compliance with provisions for accreditation; and

d. taking steps to ensure that standards and registered qualifications are

internationally comparable;

SAQA must work in consultation and cooperation with the departments of state,

statutory bodies, companies, bodies and institutions responsible for education,

training and certification of standards which will be affected by the NQF. SAQA

consists of a body of 22 members appointed by the Minister of Education after

consultation with the Minister of Labour. The members are nominated by

identified national stakeholders in education and training.

The NQF was seen as a ladder of learning providing multiple pathways to enable

learners to move from one field of education to another, and to progress up the

ladder. Those who had been excluded from access to education would be

allowed to progress up the ladder through the recognition of prior learning and

experience (RPL). SAQA would set standards and would peg qualifications along

certain points on the ladder. SAQA has the responsibility for the overarching

coordination and evaluation of quality assurance that is undertaken by the

Education and Training Quality Assurance bodies (ETQA). The quality assurance

applies to programmes that lead to qualifications as well as the providers of

these programmes.4

All education and training qualifications are intended to be included in the NQF.

Historical qualifications (those prior to the implementation of the SAQA Act) were4 Shirley Walters, p 10.

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submitted to the NQF for them to be aligned with the requirements. New

Qualifications were developed using the SAQA standards setting processes, using

an Outcomes Based Education (OBE) approach. The OBE approach was to ensure

a more holistic and constructivist view of learning that would not reduce the

competent to only what is observable, but would include an evaluation of the

consciousness and the conscience of the learner.5

SAQA currently has three strategic areas of operation: standards setting, quality

assurance, and electronic management of learners achievements through a

National Learners Records database.

Joint Implementation Plans have been entered into allowing Sector Education and

Training Authorities (SETA), professional bodies, government departments and

other bodies to establish Standards Generating Bodies (SGBs) to generate

standards and qualifications that meet their particular needs. There are currently

34 SETA bodies.

The Education and Training Quality Assurance (ETQA) bodies are established in

terms of the South African Qualifications Authority Act, and the Regulations

under the SAQA Act (1998).6 ETQAs are responsible for monitoring and auditing

the achievements in terms of national standards or qualifications. Its specific

functions are to:

Accredit providers of education and training standards and qualifications

registered on the NQF;

promote quality among providers;

monitor the provision of training;

evaluate assessment and facilitate moderation across providers; and

register assessors for specified registered standards or qualifications in

terms of established criteria.

Certify constituent learners;

Recommend new standards or qualifications for consideration, or

modifications to existing standards;

Maintain a data base; and

Perform any other functions assigned by the authority (Reg 9(1)).

Each ETQA must be accredited by SAQA, and may not duplicate the functions of

any other existing ETQA. The ETQAs are currently located within the SETAs until

the implementation of the new Act.7

5

Shirley Walters, p 11.6 Regulations under the South African Qualifications Authority Act 1995. GovernmentNotice R 1127 of 8 September 1998.

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The function of the ETQA must be separate from the provision of education and

training. It must also have national stakeholder representation at decision-

making level to ensure accountability and transparency (Reg 3(2)).

The NQF allows for different types of qualifications. A qualification is a

programme of learning that leads to a minimum of 120 credits for a certificate,or 360 credits for a degree. They can be based on unit standards which are units

of learning with specific outcomes, or may be whole qualifications which are

non-unit standard based. A part qualification is a programme of learning leading

to any number of credits less than 120, but not less than one unit standard. A

Unit standard is smaller than a full qualification and requires a certain amount of

time for learning, ranging from 20 hours to 160 hours. Qualifications and unit

standards are registered on the NQF.

A person may also complete a short course which is a short learning programme

that does not result in any credits being awarded and is not aligned to any unit

standard. A workplace skills programme is a type of short-course learning

programme.

Changes to the NQF system

In 2001 the NQF set up a policy review process in response to a number of

concerns with the qualifications framework and in 2007, the Minister of Labour

and the Minister of Education issued a Joint Policy Statement.8 Concerns related

to the proliferation of NQF bodies and structures for standards generation and

quality assurance leading to confusion and duplication of effort and

responsibility; the complexity and confusing nature of the architecture, policies,

regulations and procedures; denudation of governments authority over NQFpolicy; lack of synergy between some governmental priorities and the direction

of NQF implementation; and failure to give experts due recognition in the design

and quality assurance processes.9

New legislation has been drafted and the NQF system is being re-structured.

While the objectives of the NQF remain the same, there are changes in the

organisational structures to enhance efficiency and effectiveness. The previous

SAQA Act is repealed, but SAQA remains in place and is now incorporated in the

National Qualifications Authority Act of 2008. This Act is likely to be brought into

effect during 2010.

The new system aims to move away from standardisation to differentiation

and away from an up-front, design down and prescriptive approach to standards

setting, to a practice-based, design-up and descriptive approach.10 The system is

also to move from an 8 level framework to a 10 level one to allow for greater

differentiation in higher education.

7 South African Qualification Authority Website: available at http://www.saqa.org.za/,accessed on 09 November 2009.8 Department of Education and Department of Labour. (2007). Enhancing the efficacyand efficiency of the National Qualifications Framework: Joint Policy Statement by the

Minsters of Education and Labour.9 Department of Education and Department of Labour, p 5.10 Shirley Walters, p 14.

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The current system is more geared towards the development and registration of

whole qualifications, although unit standards are components of that system.

Either individually, or in clusters they may comprise learning programmes. But

there are often different learning pathways: some for purposes of occupational

competence; some for institutional learning. It was felt that the NQF should make

greater allowance for the different forms of learning, different approaches todelivery and different forms of assessment. In order to take into account the

diverse forms of learning in an integrated system for education, training and

skills development, a body was created, in addition to the ETQAs to oversee the

different approaches to delivery and assessment. The standard setting and

quality assurance functions currently conducted by SAQA will shift to three

Quality Councils:

The Quality Council on Higher Education (NQF levels 5 to 10). This is

provided for in the Higher Education Act (No. 101 of 1997);

The Quality Council for General and Further Education (Umalusi) (NQF

levels 1 4. This is the schooling system and technical colleges). This is

provided for in the General and Further Education and Training Quality

Assurance Act (58 of 2001); and

The Quality Council for Trades and Occupations (Occupational

qualifications: NQF level 1 to 10) this is regulated by the Skills

Development Act (No. 97 of 1998).

The major changes in the system will be in respect of occupational learning,

which will require a differentiation between general knowledge and theory;general and occupationally relevant practical skills; and requisite work

experience. In order to enhance the recognition of learning achievements and

the progress of learners through the system, a national credit accumulation and

transfer (CAT) system will accord credit value to registered unit standards and

other components of qualifications. This system is intended to be more easily

understood by different role players in the education, training and skills

development system.11 The new system will allow for part qualifications which

consist of a logical cluster of unit standards which can be registered with the

NQF.

Role of professional bodies

The NQF Act provides that professional bodies must cooperate with the relevant

Quality Councils in respect of qualifications and quality assurance in its

occupational field (s 28). SAQA must develop and implement policy and criteria

for recognising a professional body and for registering a professional designation

for the purposes of this Act (s 13(i)). A statutory or non-statutory body of expert

practitioners in an occupational field must apply to be recognised as a

professional body (s 29). Such a professional body must apply to SAQA to

register a professional designation on the NQF.

11 Department of Education and Department of Labour, p 13.

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Accreditation of service providers and learning programmes

In terms of the NQF framework, a provider intending to offer education, training

or skills development programmes must comply with the requirements. It must

firstly become accredited as a service provider, and it must have accredited

facilitators, moderators and assessors. Secondly, its learning material must also

be accredited. These two processes will be described separately.

Requirements for an organisation to be accredited as an education and training

provider

The Regulations to the SAQA Act set out criteria and guidelines for the

accreditation of service providers. Regulation 13 provides that a service provider

must:

a. Be registered as a provider in terms of the applicable legislation at the

time of application for accreditation,

b. have a quality management system which includes but is not limited to-

i. quality management policies which define that which theprovider wishes to achieve;

ii. quality management procedures which enable the provider topractise its defined quality management policies; or

iii. review mechanisms which ensure that the qualitymanagement policies and procedures defined are applied andremain effective;

c. be able to develop, deliver and evaluate learning programmes which

culminate in specified registered standards or qualifications;d. have the-

i. necessary financial, administrative and physical resources;ii. policies and practices for staff selection, appraisal and

development;iii. policies and practices for learner entry, guidance and support

systems;iv. policies and practices for the management of off-site

practical or work-site components;v. policies and practices for the management of assessment;vi. necessary reporting procedures; and

vii. the ability to achieve the desired outcomes, using availableresources and procedures considered by the Education and TrainingQuality Assurance Body to be needed to develop, deliver andevaluate learning programmes which culminate in specifiedregistered standards or qualifications contemplated in paragraph(c).

Under the current legislation, the service provider will apply for registration to arelevant SETA. Each SETA has its own tools used for this process. TheDepartment of Social Development is accredited with the Health and WelfareSeta (HWSETA). As an example of an accreditation process, the steps needed to

obtain accreditation within the HWSETA are outlined below. The ETQA unit of theSETA handles the accreditation process.

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Accreditation by the Health and Welfare Sector Education and Training Authority

(HWSETA)

Step one: The service provider expresses interest in being accredited with theSETA.

The organisation must provide general information about the organisationtogether with a description of the physical resources where all the operationalactivities of the organisation take place.12 They must provide evidence of thephysical resources which will be used to conduct their daily administration andlearning delivery services. The organisation must present the details of all itsemployees, and an outline of its finances and business plan. The organisationmust indicate which qualification the organisation wishes to offer. This may bebased on a full qualification which is unit standard based, with a minimum creditof 120 credits; or a full qualification which is non-unit standard based; or a partqualification, which is unit standard based. However, the HWSETA is primarilyconcerned with providers accredited to provide full qualifications.

The organisation is also required to attend a Quality Promotion Workshop andcapacity building workshop which will explain what is required and providesupport to the organisation in the application process.13

Step two: Service provider submits their application.

The service provider must submit a detailed application form.14 This includes thedetails of the provider, legal and financial status, human resources and physicalresources. It must also indicate what quality management systems it has inplace, organisational policies and procedures. It must also set out the learning

delivery policies and procedures; what Recognition of Prior Learning Processesare provided; the learning programme design and development practices; detailsof the learning programme. There must be a process of Learning ProgrammeEvaluation and Approval. The provider must attach various documents tosubstantiate its application. Relevant pages of the training material that isintended to be used from both facilitators and learners guides must be attached.If the organisation intends to use learning material that has been designed anddeveloped by another organisation, then a copy of an agreement allowing theuse of this material is required.

The learning material is given to a subject matter expert to assess.

Step Three: a site visit to the provider.

The ETQA conducts a site visit to the service provider to check that everythingcontained in the application is correct, and interviews are conducted with staff.

12 Health and Welfare Sector Education and Training Authority (HWSETA). (2007).Provider Accreditation Application From: Step One. Available online:http://www.hwseta.org.za/upload/provider_accreditation_application_form_step_one.pdf,accessed 19 November 2009.13 Interview with Nathan Seotsanyana, Executive Manager ETQA, HWSETA, 9 November

2009.14 Health and Welfare Sector Education and Training Authority (HWSETA). (2007).Provider Accreditation Application From: Step Two.

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At the conclusion of this process, the service provider may be granted fullaccreditation if they offer programmes that are aligned to unit standards andqualifications, or be they will be given no approval status. If the provider hasmet a set of minimum criteria as established by the ETQA, but still has to meetsome conditions, they may be granted provisional accreditation. They can

continue to offer learning programmes while they meet their requirements withina specified time frame. The SETA may offer the provider support in order to meetthe full requirements. The accreditation certification will be valid for a specifiednumber of years, usually five years.

The organisation will be approved to provide a certain learning programme orshort course. Should they wish to expand their programme, they will need toapply for an extension of their scope.

Approving or Recognising the learning programme

This usually takes place at the same time as accreditation of the serviceprovider. The SETA must ensure that the learning material is aligned to the NQFframework and relevant unit standards. The method of delivery is also looked at.Agreements between the different SETAs allow for qualifications and unitstandards which are registered under one SETA to be used by a service provideraccredited in another SETA.

The provider must complete a Learning Programme Evaluation File if they wishto obtain approval for a full or part qualification. If providers offer a quality shortcourse that does not lead to the achievement of a unit standard, they must alsogo through a Learning Programme Evaluation process, but they do not need todemonstrate that their programmes will lead to the achievement of a unit

standard or qualification. Their learning programme will be recognised, ratherthan approved by the SETA. The short course is applicable in the case where nounit standard has been developed, or because the nature of the programme willnever be unit standard based.15

Quality assurance

The ETQA provides for quality assurance of programmes accredited with it byproviding verification of learner achievements, and issuing certificates tolearners. Verification is the process in which a training providers trainingprogramme and the method in which it is assessed and moderated is quality

assured against the NQF standards and qualification rules. The trainingproviders policies and procedures are also evaluated. This providesendorsement of the learner results. Verification takes place once the providerhas been accredited, and usually after a period of about 3 years.

In the process of verification, a service provider must complete a Pre-VerificationForm setting out the details of the provider, details of the learner, and details ofthe moderators and assessors. The provider must also outline the learningprogramme assessment and moderation details (copies of the assessment and

15 HWSETA Learning Programme Evaluation File, Final Version 1 October 2004.

Available online:http://www.hwseta.org.za/upload/hwseta_learning_programme_form.pdf, accessed 19November 2009.

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moderation policies must be attached).16 The ETQA conducts a site visit to theprovider and evaluates the policies, guides, plans, method of assessment,method of moderation and filing system.17

HWSETA training providers may not certificate learners without verification and

endorsement of the SETA. In terms of full qualifications, the HWSETA prints acertificate after verification. For unit standards, the provider may issuecertificates, but must send the information to the SETA for capturing on its database.

Time period and costs

The accreditation process is a lengthy one. It may take time for the provider tocomplete the necessary forms and submit the correct documents. It also takestime for the SETA to process the applications, send the learning material out forassessment, and to conduct a site visit. Primary accreditation may take a periodof six months, while applications for extension of scope or renewal ofaccreditation may be done quarterly. The provider does not pay the SETA for theaccreditation, though it may incur its own costs in meeting the applicationprocess.

ETQA structure and costs

The HWSETA has a small staff dedicated to the ETQA. This includes 4 memberswho deal with accreditation, 4 dealing with verification, 8 administrators and 2managers and one executive manager. It has an annual budget of R3,6 millionfor operation costs, while another R10 million is spent on projects. Over 300training service providers are registered with the SETA, which receives

approximately 250 applications for accreditation annually.18

Advantages of being accredited in the NQF system

There are number of advantages of offering or participating in learningprogrammes within the NQF framework.

The accredited provider enjoys credibility with the public;

The learning programmes offered by the accredited provider culminate inNQF credits;

The qualification obtained has national and international recognition;

There is assurance that the provider has the necessary capacity andresources to deliver quality education and training;

It compels the provider to remain on the cutting edge of quality educationprovision;

16 Health and Welfare Sector Education and Training Authority. (undated). Pre-verificationreport. Available online:http://www.hwseta.org.za/upload/preverification_report_2009.pdf, accessed 19 November2009.17 HWSETA Verification Process/steps. Available online:http://www.hwseta.org.za/upload/preverification_report_2009.pdf, accessed 19 November

2009.18 Interview with Nathan Seotsanyana, Executive Manager of the ETQA of HWSETA, 9November 2009.

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The provider has access to many forms of support and capacity buildingoffered by the SETA;19 and

The interests of the learner are protected.

Possibility of the Child Justice Act Accreditation framework being aligned to theNQF

The National Qualifications Framework aims to ensure that all education, trainingand skills development occurs within this framework so as to provide forstandardisation and recognition of learning achievements. Learners who are notstudying towards full qualifications can complete part qualifications and unitstandards and accumulate these towards a full qualification. The Child Justice Actrequires the Department of Social Development to establish an accreditationpolicy and framework for the accreditation of diversion service providers andservices. To some extent, the proposed accreditation framework would fulfil

some of the functions of a quality assurance body within the NQF. This sectiondiscussed whether it would be feasible for the DSD to align its accreditationsystem with the NQF framework, to discuss the possible routes to doing so, andto outlines the advantages and disadvantages of such an approach.

[this needs to be expanded and possibly come towards the end of the paper]

Alignment of learning programmes

The CJA requires an accreditation system in order to:

Ensure that diversion programmes comply with minimum standards as setout in the Act;

Ensure that diversion programmes reflect a meaningful and adequateresponse to the harm caused by offences committed by children, andachieve the objectives of diversion.

Monitor diversion programmes and service providers in their ability torender quality services.

Qualifications and unit standards? Are they necessary to be NQF aligned

Is it necessary or advantageous to be aligned to NQF (see Margaret barretto)

Option one: the DSD could apply to SAQA or the Quality Assurance Body forTrade and Occupations (QCTO) to become an accrediting and quality assurancebody. The DSD would then establish the system and function like any ETQA. Itwould set its standards for accreditation, and standards for service providers. Itwould develop and register qualifications and standards, monitor training ofservice providers; and be the custodian of assessment and verification of results.It would also issue confirmation of results of certificates to participants.

19 Accessed from HWSETA website: Accreditation process and procedure. Available on

http://www.hwseta.org.za/welcome.asp?page=category_display.asp&category=348&P_Category=273&catID=97&action=view&Name=Accreditation%20Process%20and%20Procedure, accessed on 17 November 2009.

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In order to take on this responsibility, the DSD would require expertise in humanresource development.

Advantages of this approach:

The DSD would be able to maintain a hands on approach to work with itsproviders

It could structure its accreditation framework and criteria for accreditationto meet the objectives of the Child Justice Act

Providers would be compliant with the NQF system and would gain incredibility.

Disadvantages:

The DSD would need to set up the systems and procedures to manage theaccreditation process.

The DSD would be audited by the QCTO to ensure that it was complyingwith the NQF requirements.

This is a costly process

Option two: The DSD could outsource its accreditation process to a relevant SETAand become a partner of a SETA in this role. The Department of SocialDevelopment would work together with the SETA to develop relevantqualifications for diversion that would match the objectives of the NQF and theChild Justice Act. The SETA would accredited its providers and programmes andbe responsible for quality assurance, verification and issuing of certificates tolearners.

Advantages:

A qualification for diversion is formally developed and recognised withinthe NQF system.

Learners would received formal recognition for their participation.

Diversion service providers would receive recognition.

The SETA already has a functioning infrastructure, systems andprocedures to manage the accreditation process.

Disadvantages:

This might duplicate a system of accreditation if particular requirementsas set out in the Child Justice Act need to be met.

Developing diversion programmes within the NQF framework

In any process that requires alignment with the NQF framework, there wouldneed to be qualifications and unit standards developed and registered on thisframework. Whereas previously the NQF was primarily concerned withqualifications, it is moving towards an acknowledgement of registered skillsprogrammes.

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The Child Justice Act does not specify the minimum qualifications of the serviceproviders or training facilitators, or any professional qualification requirements.Depending on the nature and complexity of the diversion programme offered, sothe skills required of the facilitators may vary. They are likely to includepsychologists, social workers, child and youth care workers, youth development

workers, educationalists, and wilderness therapists. Facilitators may haveundergraduate or post graduate degrees in relevant disciplines (See Annexure Alist of possible qualifications), or have completed relevant certificated courses asa lower level. Currently, there is no diversion qualification registered on the NQF.It is most likely, that facilitators could be qualified against registeredqualifications or unit standards currently available on the NQF.

The type of programme envisaged in the Act for children in conflict with the lawhave not been developed and are not registered on the NQF, with the possibleexception of various unit standards on life skills (See Annexure B unitstandards). Where these standards are available, they would have to bespecifically adapted to meet the objectives of the Child Justice Act. Therefore, if

the diversion programmes were to be aligned to the National QualificationsFramework, they would have to be developed, going through the process ofestablishing a Standards Generating Body, developing unit standards andregistering them with the appropriate SETA. Unless diversion programmes arealigned with registered unit standards, they cannot be assessed against thesestandards, and therefore, the programme cannot be accredited.20

There is a possibility that the programmes are developed into short skills course,but there would still be a development and registration requirement withinSAQA.

Accreditation and quality assurance systems withingovernment departments

Department of Social Development

The Department of Social Development is currently registered with the HWSETA

which provides quality assurance of training programmes and service providers

on its behalf. The Sector Education and Training Unit of the DSD focuses on

internal training or its own staff, as well as training and development in the

social services sector. The Unit coordinates and arranges training based on

requirements of individual line managers within the DSD.

Currently the DSD uses training programmes and providers that are accredited

within the National Qualifications Framework (NQF) framework as much as

possible. This method is used when a skills programme is aligned to existing unit

standards or qualifications. However, there are many learning programmes

which are new, or are not aligned to the NQF. For example, the DSD is currently

training service providers and its own personnel on the Child Justice Act. No Unit

Standard or qualification currently exists around this and a special learning

programme has been developed outside of the NQF framework. Non-accredited

programmes may also be included where there is a need for training on work

20 Interview with Ms Margaret Barretto, Deputy Director Quality Assurance andDevelopment, SAQA, 17 November 2009.

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place skills. This training will be recognised as a workplace programme, and the

participants will be given a certificate on completion. A learning programme may

also be delivered by social workers accredited by the South African Council for

the Social Service Profession.21

Funding of national organisationsEach directorate in the DSD has its own criteria for selecting service providers

and national bodies or organisations to fund, but there is no system for

accreditation of service providers. Like other government departments, the DSD

manages its funding and oversight of national organisations and bodies in terms

of the Public Finance Management Act (1999). The Department has developed

Procedure Guidelines for the Implementation of the Policy on Financial Awards to

Service Providers22 to help manage the funding process and to ensure that

awards are made in terms of identified priorities. Only eligible organisations may

apply: the organisation must have a constitution that embraces social

development issues; it must promote equitable distribution of resources takinginto account historical imbalances and promote inclusiveness and representivity

in management and organisation; have a financial history of integrity; be able to

account for the utilisation of financial awards; be committed to sharing resources

and transferring skills to emerging organisations; and ensure it meets the

appraisal guidelines. Priority is given to non-profit organisations.23

All funding is done either through a business plan or following tender procedures.

The detailed terms of reference of the project are contained in the National

Business Plan and services are monitored according to this framework.24 The

Business Plan aims to:

Provide the Department with all the information required to consider

financing;

Help the service provider to plan the service in detail; and

Assist the application to implement, manage and monitor the service.

The Business Plan must set out the details of the organisation and its legal

status. The organisations applying for funding must provide details of the

services it provides, and those which require funding, the history of the

organisation and its motivation for the project and services, and must describehow the poor and vulnerable will be involved and will benefit from the

programme. The organisation must provide details on its governance and

accountability structures and a profile of staff. It must outline its sustainability

plan to ensure continuity of funding, and its transformation plan. In terms of its

funding plan it must provide details of previous funders, provide a Medium

21 Interview with Mr Rudi van Loggerenberg, Director Sector Education and Training,Department of Social Development, 11 November 2009.22 Department of Social Development (2005). Procedure Guidelines for theImplementation of the Policy on Financial Awards to Service Providers.23

Ibid, p 9.24 Application for Funding in terms of the Policy on Financial Awards (National BusinessPlan). Department of Social Development.

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Expenditure Framework, and provide detailed costing of the programme for

which funds are sought. The organisations activity plan must be outlined,

including details of the objective, activities, performance indicators, outcome,

personnel and resources needed, location and cost.

The application must be supported with a supporting documents and proof ofregistration as a non-profit organisation. Required documents include:

The most recent audited financial statements;

NPO registration or other relevant registration required;

The organisation's constitution;

Confirmation of banking details (credit order form);

A financial assurance declaration in terms of section 38(1)(j) of the PFMA.

The Department has an appraisals committee on financial awards at both

provincial and national levels, which appraises Business plans and makes

financial decisions.25

Once the Business Plan is approved, a Memorandum of Agreement must be

entered into between the organisation and the Department. The organisation is

required to put in place control mechanisms for asset management.

The organisation is required to map its monitoring and evaluation plans in terms

of its financial perspective, customer perspective, organisational (or internal

business perspective) and innovation and learning. An organisation must submitits formal evaluation on an annual basis, even though it may be required also to

provide more regular progress reports. A six monthly progress report must be

submitted detailing financial matters, and programmatic progress including

impact of the project.

The Department also conducts regular quality assurance site visits to the service

provider. The Department is accompanied on the site visits by a team of staff

comprising a social worker, a finance person and the director of the unit or

someone who is familiar with the field operations. Sometimes the team may be

accompanied by a person from the legal directorate. The site visit consists ofprocess of checking the providers financial management and financial records,

as well as ensuring that service delivery is taking place according to the business

plan and progress reports. The departments officials may check the training

manuals used, sit in on any training being provided, as well as holding interviews

with key members of staff.26

25 Department of Social Development (2005). Procedure Guidelines for theImplementation of the Policy on Financial Awards to Service Providers, pp 15 18. The

Guidelines for Appraisals of Business Plans is used in this process.26 Interview with Ms Gogie Itumaleng, Social Services Provider Management and Support,Department of Social Development, 24 November 2009.

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Site visits are required to national organisations at least once a year, though the

provincial offices are required to visit provincial offices on a quarterly basis.

However, due to staff shortages this does not always take place.27

Following the site visit, the DSD prepares a report on its findings and

recommendations. This is submitted to the Director General and other principalsin the Department. It must also be seen by the finance and legal departments. 28

The Department is in the process of developing a quality assurance tool that will

be used in conducting regular assessments of national bodies.

The Department tries to assist organisations to meets its obligations and

standards, and usually does not terminate a contract before assisting an

organisation to be compliant.29

Department of Health (not yet fully written up)

Accreditation of Laboratory Services

The National Health Laboratory Service Quality Assurance Rules30 came intooperation on 1 July 2003 in terms of the Health Professions Act and itsregulations. A set of standardised procedures was needed to attain minimumacceptable performance by the departments and laboratories of the Service.Standardised quality assurance procedures are implemented in order to monitorstandards and inform the allocation of resources. The procedures may beprovided by internal or external sources. The minimum requirements for thesestandardised procedures and programmes which satisfy the need for qualityassurance are specified in policy documents and standard operating procedures.

A Quality Assurance Unit must be established to monitor the quality of pathologyservices and managing a quality assurance accreditation programme. The Unitmust set quality goals for the Service; develop a policy plan and pathologyservice quality manual and implement its contents and monitor its application;establish, monitor and evaluate appropriate internal quality control and externalquality assurance programmes; coordinate in house proficiency testingprogrammes; coordinate standardisation of methods throughout the service;formulate policy and implement a programme of accreditation with any nationalor intentional accreditation authority; develop and manage a national laboratoryquality audit network; develop and support the implementation of teaching andtraining programmes on quality assurance and control, etc. (section C 1).

The Board must establish Quality Assurance Advisory Panels to advise on qualityassurance matters. Advisory Panels must consist of as many professional as theBoard deems appropriate. They need not be employees of the Service, but mustinclude at least one pathologist, one medical scientist, one medical technologist,and the head of the Unit or his/her deputy.

The functions of the Advisory Panels are to review proposals regarding qualityassurance and associated procedures; review and advise the Unit on plans for

27 Ibid.28 Ibid.29

Ibid.30 Available online: http://www.doh.gov.za/search/index.html, accessed 26 November2009.

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the accreditation of laboratories; review annually the results of the qualityassurance programmes and quality assurance programmes and quality auditsand advise the Unit on corrective action that should be taken; report to the ChiefExecutive Officer and Board regarding the performance of the Unit, and makerecommendations regarding quality matters.

The Rules further provide for Internal Quality Assurance, external qualityassessment, and accreditation. Accreditation aims to provide the clients andpatients with the confidence that the Services pathology service and itslaboratories are managed in a competent, safe, ethical and reliable manner andthat results are consistent and accurate. The accrediting body must beindependent and impartial so that the standards can be seen as the same for allparticipants and the accreditation rating has specific meaning (Part VI, A.1).

An accreditation plans must be established which includes procedures for:a) document control (standard operating procedures, laboratory quality

manuals, safety manuals, laboratory technical records, personnel records);

b) writing, reviewing and distribution of standard operating proceduresensuring that time frames are adhered to;

c) ensuring that all personnel of the Service are made aware of theaccreditation process and of their responsibilities in this process;

d) conducting internal quality audits in Service laboratories to identify allnon-conformances and to stipulate time frames for the implementation ofappropriate corrective actions;

e) identifying laboratories that are considered ready for accreditation;f) identifying laboratories that are in need of special help in preparing for

accreditation;g) identifying personnel from accredited laboratories that can assist with the

process;h) submission of an application for accreditation assessment; andi) should specify a hierarchy of documents relating to quality assurance,

quality control and accreditation and their formats (policies, procedures,standard operating procedures, forms and records) (Part VI B).

Department of Correctional Services (awaiting research permission)

South African Police Service (awaiting research permission)

Department of Education (no yet written up)

Professional Bodies

Many professionals must register with a professional body which governs theactivities of that professional. The bodies set standards for their profession in

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regard to training and competence, ensure ongoing professional developmentand ensure compliance with those standards. They provide for the registration ofmembers according to defined criteria.

Most of these have particular registration or accreditation procedures. The

procedures of several of these bodies whose professional work in the sector isrelevant to this study will be outlined below.

HPCSA (Health Professions Council of South Africa)31

The Health Professions Council of South Africa (HPCSA) is a statutory body,established in terms of the Health Professions Act No. 56 of 1974 with a mandateto protect the public, all consumers of healthcare services, and to provideguidance on educational, professional and ethical issues to practitioners. It is astatutory pre-requisite for any health professionals to register with the council.

The HPSCSAs vision is to enhance the quality of health care by developing policyframeworks for effective co-ordination and guidance from its Professional Boardsin:

setting healthcare standards for training and discipline in the professionalsregistered with the HPSCA;

ensuring ongoing professional competence; and

fostering compliance with those standards.

The HPCSA has three distinct sections:

The Council which plays an over-arching co-ordinating function for the

regulation and formulation of policy governing the professions registeredwith the HPCSA.

The 12 professional boards responsible for formulating board specificstandards and policies. Psychology is one of the Boards registered with theCouncil.

The administration office responsible for the administration of theprofessions and execution of policies formulated by Council.

Registration with the HPSCA is compulsory for health care professionals, but italso offers its members confirmation of the professional status and the right topractice the profession that he or she is qualified for; the assurance that nounqualified person may practice these professions; and the credibility as a

competent practitioner who may command a reward for his/her services.

Every person desiring to be registered in terms of the Act must apply to theregistrar and must submit their qualifications which entitle them to registration,together with proof of identity and good character. If the registrar is satisfiedwith the qualification and other documents submitted, he must, on payment of afee by the applicant issue a registration certificate. The certificate authorises theapplicant to practice the profession subject to any provisions of the Act. Theregistrar may refuse to issue a registration certificate if he is not satisfied withthe application. But the applicant may request that the application be submitted

31

Information on the HPSCA is obtained from the HPSCA website: www.hpsca.co.za.Information was also obtained from the report: Development Communication Solutions.(2008). Restorative Justice Initiative Accreditation Report.

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Level one: small group (presentations, meeting, symposia, ward rounds,case study discussions, journals, clubs, mentoring/supervising), and largegroups (conferences, symposia, refresher courses).

Level two: includes publications, presentations, and journal clubs.

Level three: practitioner portfolios.

Each level has its own cost of accreditation. Accredited service providers pay anannual maximum fee of R2,400. Non-accredited providers pay up to R750 perapplication in terms of level one, R310 for level 2, and R1,500 for level 3.

South African Council for Social Service Professions (SACSSP)

The South African Council for Social Service Professions (SACSSP) is establishedin terms of the Social Service Professions Act 110 of 1978, as amended. Itsobjectives are defined in terms of section 3 of the Act, and include the protection

and promotion of the interests of the professions and maintaining and enhancingthe prestige, status, integrity and dignity of the professions. The Council is thestatutory, regulatory and fiduciary governance body in respect of twoprofessional boards: the Professional Board for Social Work (PBSW) and theProfessional Board for Child and Youth Care (PBCYC).

The Councils vision is to be a professional council striving for social justicethrough guiding, enabling and empowering the social service professions topromote and enhance developmental social welfare in the interests of theirvarious social service client groups.32

The Council has three main functions: The setting of standards for education, training and development.

The maintenance of ethical and professional conduct.

The setting of standards for registration of professionals. The Councilregisters social workers, social auxiliary workers, learners and students.Child and Youth Care workers are not yet registered with the Council asthe regulations governing this have not yet been agreed upon.

The setting of standards for education, training laboration between the two

bodies.

The criteria and requirements for the qualification are registered on the SAQA

database as part of the qualification framework. The learning materials

of the provider are assessed against these criteria, using the framework

that has been prepared by the HWSETA for the lower qualifications.

Previously the HWSETA only required examples of the learning

materials to be submitted by the provider, but the SACSSP has now

made a recommendation that the full learning programme must be

submitted. A panel is appointed by the Professional Band development

The Council, together with the Professional Boards, is responsible for determining

the qualifications for registration of social workers, social auxiliary workers and

32

South African Council for Social Service Professions (SACSSP). (2008). Annual Reportfor the Financial Year 2007-2008. Pretoria: South African Council for Social ServiceProfessions.

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persons practicing other professions in respect of which the professional boards

have been established, and to control and exercise authority in respect of

training of these professions in accordance with a social welfare approach

(section 3). The professional boards must determine minimum standards for

education and training for the persons practising the professions (s 14B (e)).

In order to execute this function, the SACSSP and the PBSW work closely with the

South African Qualifications Authority (SAQA). All qualifications within the ambit

of the SACSSP must be approved before they are submitted to SAQA for

registration on its database. The Council and the PBSW have been involved in

the development and approval of the Bachelor for Social Work (BSW) and the

Further Education and Training Certificate (FETC) for Social Auxiliary Work.

Together with the PBCYC, the Council considered the FETC for Child and Youth

Care Work and the Bachelor of Child and Youth Care Work, but the latter was not

approved by the Council.33

In terms of quality assurance for education and training, the Council works in

close collaboration with other relevant stakeholders, such as the Council on

Higher Education (CHE), SAQA, the Department of Education, the Department of

Labour and the Health and Welfare Sector Education and Training Authority

(HWSETA). The Council is not registered as an Education and Training Quality

Assurance Body (ETQA) with SAQA, and does not accredit education and training

providers itself, but has entered into a Memorandum of Understanding (MOU)

with the Health and Welfare SETA (HWSETA), to perform these functions jointly.

The Council is in the process of signing an MOU with the CHE in order to work

more closely with them regarding the quality assurance of qualifications within

the social services sector, within the higher education framework. This enables

them to share financial and human resources.34

The MOU with the HWSETA enables the Council to evaluate learning programmes

on auxiliary levels relating to Social Auxiliary Work and Child and Youth Care,

while the SETA takes care of provider accreditation. The Council and the HWSETA

jointly undertake site visits to monitor the quality of training. There are currently

16 providers accredited on the auxiliary level. The Council also continuously

assesses the programmes. The Council sets strict parameters in terms of

requirements for the trainers; for example that social auxiliary workers may only

be trained by social workers. Criteria for provider accreditation are developed inclose coloard, in collaboration with the Council to do the assessment of the

learning programmes. The HWSETA contracts with the panel members and

remunerates them for services rendered. The panel comprises of people

appointed by the Board and approved by the Council. Panel members could be

subject matter experts, or a members of the Board, as well as another person

who is usually from the profession. The panel members come in as required and

review and assess the learning programmes. A full process is followed. The pane

Accreditation and Accreditation Systems in South Africa

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