BY THEMBA ZWANE
EZULWINI – Employees of Sebenta National Institute have been assured that their employment conditions will be maintained or improved as the institution transitions into a parastatal following the enactment of the proposed Sebenta National Institute Bill, 2026.
The assurance was given by Lucky Vilakati, Legal Adviser in the Ministry of Economic Planning and Development, who was recently transferred from the Ministry of Education and Training, during deliberations on the Bill by, government, stakeholders and members of the House of Senate.
Vilakati was responding to concerns raised by senators over the job security of employees currently working for Sebenta National Institute, particularly during the transition from its existing structure to a statutory body.
He explained that the proposed legislation contains a transitional clause that protects employees against having their employment conditions worsened as a result of the institutional change.
“Transitional conditions to be maintained or improved, that is the stipulation of the transitional clause,” said Vilakati.
According to Clause 23(1) of the Sebenta National Institute Bill, 2026 (Bill No. 3 of 2026), any person employed by the institute immediately before the commencement of the Act will be transferred to the new institution and deemed to be an employee under the Act.
The clause further stipulates that such employees will retain terms and conditions of employment that are no less favourable than those applicable before the commencement of the Act.
The provision is intended to ensure continuity of employment arrangements as Sebenta undergoes the proposed institutional transformation.
Vilakati also informed senators that Sebenta would fall under the category A enterprises classification following the transition.
During the deliberations, senators were also informed about the anticipated changes to the institution’s administrative structure, including the management of positions affected by retirement and technological advancements.
It was explained that some employees within the administrative organogram were approaching retirement age and would be allowed to vacate their positions through the established process.
Other positions, however, would not necessarily be filled when they became vacant, as some functions were increasingly being replaced by technology.
Bookbinding was cited as an example of a function affected by technological developments, with the introduction of new systems reducing the need for certain manual services and the associated positions.
The explanation suggests that while the transitional clause provides safeguards for existing employees, the institution’s staffing structure could gradually change as positions become vacant and operations are modernised.
The proposed Sebenta National Institute Bill, 2026, provides for the establishment of a body corporate to be known as Sebenta National Institute.
The legislation is aimed at providing the institution with a formal statutory framework, strengthening its governance and positioning it to fulfil its mandate in non-formal education and skills development.
Sebenta has played a role in providing literacy, numeracy and alternative learning opportunities to people who may not have benefited from conventional schooling. Its transition to a statutory body is expected to establish a clearer legal and administrative framework for its operations.
The employment assurances provided during the Senate deliberations are significant for staff who may be concerned about the implications of the proposed changes.
With the transitional clause explicitly providing for the transfer of existing employees on terms no less favourable than those they currently enjoy, the Bill establishes a legal safeguard for staff as the institution moves towards its new status.
However, the longer-term staffing implications will depend on how the new institution implements its administrative structure, manages retirements and responds to technological changes.
The Bill remains subject to the legislative process before it can become law.
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(Courtesy Pic)
