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THE ICT CHARTER

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• Employment Equity Act 55 of 1998<br />

The objective of this Act is to achieve equity in the workplace<br />

by promoting equal opportunity and fair treatment in<br />

employment through the elimination of unfair discrimination as<br />

well as to implement affirmative action measures to redress<br />

the disadvantages in employment experienced by designated<br />

groups.<br />

• Skills Development Act 97 of 1998<br />

The objective of this Act is to provide for a coherent framework<br />

for workplace strategies that develop and improve the skills<br />

base of the country while being responsive to the needs of the<br />

particular workplace. The Act established SETA’s and a national<br />

skills fund.<br />

• Skills Development Levies Act 9 of 1999<br />

This Act obliges employers to contribute 1% of payroll per<br />

annum to the National Skills Fund. The monies can be claimed<br />

back by employers who are able to demonstrate that they have<br />

developed skills and trained employees. Monies remaining are<br />

spent on strategic training and development projects which are<br />

identified as being in the national interest.<br />

• Preferential Procurement Policy Framework Act 5 of<br />

2000 Section 217 of the Constitution requires organs of state<br />

in the national, provincial or local sphere of government, or<br />

any other institution identified in national legislation who<br />

contract for goods or services, to do so in accordance with a<br />

system which is fair, equitable, transparent, competitive and<br />

cost effective. The section expressly allows for such organs of<br />

state to implement a procurement policy that provides for<br />

categories of preference in the allocation of contracts and the<br />

protection or advancement of persons or categories of persons,<br />

disadvantaged by unfair discrimination. The only requirement<br />

is that national legislation must prescribe a framework within<br />

which such a policy may be implemented. Government has<br />

given effect to the latter by enacting the Preferential<br />

Procurement Policy Framework Act.<br />

Third Working Draft Page 8 of 57

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