The Minister of Higher Education, Science and Innovation is empowered by the Skills Development Act (Act No.97 of 1998) (Act) to perform certain functions, such as Section 14(A) to issue a written instruction if :
(a) the SETA is not performing any of its functions or not complying with its service level agreement;
(b) the SETA is not managing its finances in accordance with this Act;
(c) the SETA’s membership is not representative of the constituencies contemplated in section 11; or
(d) the SETA has not prepared and implemented an employment equity plan as contemplated in section 20 of the Employment Equity Act, 1998 (Act No. 55 of 1998).
Another empowering provision is section 15 of the Act, to take over the administration of SETA after consultation with the National Skills Authority and the SETA in question, direct the Director-General to appoint an administrator to take over the administration of a SETA or to perform the functions of a SETA if :
(a) the SETA fails to perform its functions;
(b) there is mismanagement of its finances;
(c) its membership no longer substantially represents the composition contemplated in section 11;
(d) the SETA has failed to comply with its service level agreement, or (e) the SETA has failed to comply with an instruction issued by the Minister in terms of section 14A.
Since the appointment of the Accounting Authority in 2020, the Minister of Higher Education, Science, and Innovation has not invoked these provisions in respect of the Services Sector Education and Training Authority.