No. There are no legal restrictions against including programmes in the WSP that are not aligned to the NQF.
Any proper skills audit should identify the skills gaps that need to be addressed, as well as appropriate interventions to fill these gaps. Such interventions will generally include a variety of actions such as the following:
The primary purpose of the WSP is to encourage a planned approach to skills development, and this surely cannot be restricted to formal NQF-aligned learning programmes.
and the disbursement of skills levies?
There is a mistaken notion that skills levies can only be disbursed to employers if the employer makes use of an accredited provider, i.e. a provider accredited by an ETQA. This is not correct.
The Skills Development Levies Act (97 of 1998) provides for the recovery of the levy payment based on the submission of Workplace Skills Plans; Workplace Skills Implementation Plans and the submission of the names of Skills Development Facilitators. However, the use of accredited providers of education and training who offer registered learning programmes will make it possible for learners to become more mobile and able to transfer their learning to different contexts and so enhance the portability of skills." (SAQA. publication: Short courses and skills programmes)