Saloons, garages face hefty fines, jail over illegal training

KAMPALA - Private businesses offering vocational training outside the purview of the education ministry may soon face a rude awakening with the enactment of a Bill that is currently under consideration.

The said legislation is the Technical and Vocational Education and Training (TVET) Bill, 2024.

“If you have your saloon and you are not using the saloon to impart skills in people, we have no business with you," warned Brighton Barugahare, the assistant commissioner for policy analysis at the education ministry.

"But if you say you are going to use your saloon to skill others, then you must be accredited."

Barugahare made the remarks on Thursday (November 28) during an interaction with Parliament's education committee chaired by Bunya East MP James Kubeketerya.

Among the education ministry officials present was sports state minister Peter Ogwang, who represented First Lady and Minister of Education and Sports Janet Museveni.
The discussion centred on the TVET Bill.

During the interface, Kalungu West MP Joseph Gonzaga Ssewungu had asked whether "garages in the villages, saloons" would also be required to register for TVET skills.

He also spoke about the proposed merger of the Directorate of Industrial Training (DIT) and the Uganda Business and Technical Examinations Board (UBTEB).

“In the merger, two distinctive departments should be established. One for industrial training and another for examination management."

Fines and jail

At the core, the legislation mooted by education minister Janet Museveni seeks to establish a unified institutional framework for co-ordinating, regulating, and promoting TVET in Uganda.

It also proposes the formation of a TVET Council and Sector Skills Expert Committee, alongside governance structures for TVET providers.

Clause 44(1) prohibits TVET providers from offering education programmes without being accredited by responsible authorities. Persons who contravene this provision are liable on conviction to a fine not exceeding 5000 currency points (equivalent to sh100 million) or a ten-year jail term.

A currency point is equal to 20,000.

Body corporates, on the other hand, are liable on conviction to a fine not exceeding 10,000 currency points (equivalent to sh200 million).

Entities or persons that may feel dissatisfied may appeal to the minister within 60 days from the date of receipt of the decision of the Council.

A TVET provider at a level of a skills development centre will be required to have a head trainer and deputy head trainer.

Where the entity is a public TVET provider, the head trainer and deputy will be appointed by the Public Service Commission on terms and conditions that the Commission may determine.

In instances where the TVET provider is not government, the person to be appointed as a head trainer or deputy head trainer will have the qualifications and experience equivalent to that set by the Public Service Commission.

Trainers and other staff of a TVET provider at a level of a skills development centre or vocational training institute will be appointed by the board of governors.

That notwithstanding, individuals will not engage in active public or private TVET training in Uganda without a TVET training license issued by the Council.

Failure to heed this will result into a fine of not exceeding 100 currency points (equivalent to sh2 million) or to a term of imprisonment not exceeding four years or both.

“Clause 71(4) says that a TVET training license granted under this Act shall be valid for a period of three years. I was wondering why you don’t give five years just like the teachers. Three years is really a short period,” said Rwampara Woman MP Molly Asiimwe.

The Council

Under the proposed law, a TVET Council will be established, operating under the general supervision of the minister.

Among its duties, the Council will advise the minister on TVET matters and oversee the implementation of related policies. 

The seven-member body will be chaired by a professional with qualifications and experience in TVET delivery, with a four-year term, renewable once.

Skills fund

Clause 109 establishes a Skills Development Fund to implement this law, consisting of, parliamentary appropriations for priority training approved by the Council, 10% levy on the gross annual revenue of TVET providers from training and production, revenue or assets received in the Fund’s operations, grants.

The development levy in question shall apply on employers with at least five employees, payable monthly to the Skills Development Fund. 

The levy will be equal to 1% of the total gross monthly emoluments paid to employees.
The finance minister will be charged with prescribing regulations for the collection and remittance of the levy.

“There are private service providers who are in the employer world who want help in terms of efficient development of skills of their staff. But they are not comfortable with pushing that money into the government. So they wanted a provision within the law where they could have a fund, which fund is contributing to a pool, and that very fund is repurposed back to help in terms of the development of the work of the workforce in terms of enriching their skills,” explained minister Ogwang.