The new National Qualifications Framework Amendment Act 2019, recently signed by President Cyril Ramaphosa, means prospective students or job seekers could face up to five years in jail for misrepresenting their qualifications. In short you can be prosecuted for saying you are a QUALIFIED Plumber if you do NOT hold a recognized SAQA Plumbing qualification.
Below are a few key points mentioned in the government gazette:
Act No. 12 of 2019: National Qualifications Framework Amendment Act, 2019
32B. (1) A person is guilty of an offence if the person—
(3) A person is guilty of an offence, if such a person falsely or fraudulently claims to be holding a qualiﬁcation or part-qualiﬁcation registered on the NQF or awarded by an education institution, skills development provider, QC or obtained from a lawfully recognised foreign institution.
(4) Any person, education institution, skills development provider, foreign institution is guilty of an offence if it falsely claims to be registered and accredited as an education institution, skills development provider or foreign institution in terms of the laws of the Republic or foreign law.
(5) If a person, education institution its directors or board, a foreign institution its agents or directors or board, or a skills development provider is convicted of any offence under this Act, the court that imposes the sentence shall consider as an aggravating factor the fact that the offence was—
(a) committed with the intent to gain ﬁnancially, or to receive any favour, beneﬁt, reward, compensation or any other advantage; or
(b) gained ﬁnancially, or received any favour, beneﬁt, reward, compensation or any other advantage.
(6)Any person convicted of an offence in terms of this Act, is liable, in the case of a contravention of sections32B(1),32B(2),32B(3)or32B(4)to a ﬁne or to imprisonment for a period not exceeding ﬁve years, or to both a ﬁne and such imprisonment.
For the official government gazette click here