Primary briefing · Gazette
high impact 54858 · 7610 · 2026-06-17
Final directive on pre-2009 qualifications: hard expiry windows and new SETA reporting obligations
Effective from
17 Jun 2026
Government Notice 7610 of 17 June 2026 issues the Minister of Higher Education and Training's final directive on transitional arrangements for pre-2009 qualifications, trades not yet registered as occupational qualifications, and regulatory unit standards under the National Qualifications Framework Act 67 of 2008. Pre-2009 qualifications receive enrolment and achievement extensions of 6–24 months; regulatory unit standards receive extensions of up to 36 months; and trades not yet registered as occupational qualifications receive extensions of up to 12 months, all as per lists published on the SAQA website. The directive is expressly framed as the final transitional arrangement before full implementation of occupational qualifications and skills programmes. SETAs must now report quarterly through SAQA to the Minister on transition progress, covering qualification development, implementation readiness, provider accreditation status, learner enrolment and completion statistics, and occupational qualification uptake. SAQA has been delegated authority to manage the transition including any changes to enrolment and achievement dates within and beyond the stated periods. NATED programmes are explicitly excluded from any extensions.
Who is affected
Employers in mining, construction, manufacturing and other trade-dependent sectorsSector Education and Training Authorities (SETAs)Accredited training providers and post-school education institutionsSkills development and HR compliance practitionersLearners enrolled in pre-2009 qualifications or trades What this means for practitioners
Identify immediately whether any qualifications, trades or unit standards relied on by your organisation or clients appear on the SAQA website expiry lists
Map current learner enrolments against the applicable extension windows (6–24 months for pre-2009 qualifications, up to 36 months for regulatory unit standards, up to 12 months for unregistered trades) and plan transitions to occupational qualifications
SETAs must establish quarterly reporting processes to SAQA covering qualification development, accreditation, enrolment, completion and uptake data
Monitor SAQA website publications on an ongoing basis — SAQA has delegated authority to adjust dates even beyond the stated periods
Confirm that NATED programme stakeholders understand no extensions apply to those programmes
Primary briefing · Judgment
high impact High Court (Mpumalanga Division, Middelburg) · 2026-06-17
Johannes v Waterzone (Pty) Ltd and Others
The applicant, a black shareholder holding 26% of shares in the first respondent company, was brought in as a B-BBEE partner to enable the company to secure contracts. He was subsequently asked to make way for a different B-BBEE partner. A mutual separation agreement was concluded dealing with the termination of his employment. The respondents then sought to argue that this agreement also covered the sale of his shares, and excluded him from company information and documentation.
The court held: The court rejected the rectification defence, finding the respondents failed to establish a bona fide and real defence — particularly given the absence of evidence of common continuing intention, no explanation of how the settlement amount was calculated, and a massive unexplained discrepancy between the share option value (approximately R30 million) and the settlement amount (approximately R4 million). The court declared the mutual separation agreement in full force and effect (dealing with employment only), ordered compliance within 10 days, and ordered disclosure of company documents to the applicant. The respondents were ordered to pay costs on Scale B jointly and severally.
Legal impact: The judgment provides citable authority that excluding a B-BBEE minority shareholder from company information offends public policy. The court's robust criticism of sham B-BBEE arrangements — where black partners are included merely as a 'tick-box' exercise without genuine involvement — strengthens the hand of minority shareholders challenging fronting and reinforces the purposive interpretation of the B-BBEE Act. The rectification analysis confirms established requirements (proof of common continuing intention on a balance of probabilities) and applies the Plascon-Evans/Wightman test rigorously. While from the Mpumalanga Division, the B-BBEE and company law principles apply nationally.
Who is affected
B-BBEE advisory and compliance practitionersCorporate and commercial lawyers structuring B-BBEE shareholding arrangementsMinority shareholders in B-BBEE dealsMining and construction sector companies with B-BBEE partnersDirectors and company secretaries responsible for shareholder information access What this means for practitioners
Review existing B-BBEE shareholding structures for fronting risk — arrangements where B-BBEE partners are excluded from genuine participation and company information are now expressly characterised as offending public policy
Ensure B-BBEE minority shareholders have access to company documents including share sale agreements, minutes, resolutions, MOIs and audited financial statements
When drafting separation or exit agreements involving B-BBEE shareholders, ensure the scope of the agreement is unambiguous as to whether it covers shares — courts will not readily rectify ambiguity in the absence of clear evidence of common continuing intention
Note this judgment as citable authority in minority shareholder oppression and B-BBEE fronting disputes