This contains UNCERTIFIED COPY for information/reference. For authentic copy, please refer to certified copy only.  In case of any mistake, please bring it to our notice.


LegalB's Resources
SUBSCRIBER QUICK LINKS: ROOT DATABASE | OVERVIEW | TEXT TIMELINE | SUBORDINATE TEXTS | COMMENTARY | | POTENTIAL TRANSGRESSOR LISTS | TEST FOR TRANSGRESSIONS | EMAIL A REQUEST FOR UPDATES | HELP | CONTACT US | SEARCH SITE | LOG OUT |

South Africa
NATIONAL LEGISLATION OVERVIEWS
LegalB Logo
Higher Education Act, No. 101 of 1997

Long title


To regulate higher education; to provide for the establishment, composition and functions of a Council on Higher Education; [ [ to provide for the ] ]  [ establishment, ] determination of transformation policy and oversight mechanisms for the public higher education system; to provide for the development of articulation and recognition of prior learning frameworks across the education system; to provide for new institutional types; to provide for the establishment, disestablishment, conversion, merging, incorporation, governance and funding of public higher education institutions; to provide for the powers of the council of a public higher education institution to invest funds; to provide for the conflict of interest and code of conduct of members of the council, committees of the council, and employees, of a public higher education institution; to provide for the issuing of Ministerial directives; to provide for the appointment, functions and indemnification of an independent assessor; to provide for the appointment, functions, indemnification and termination of the term of office of an administrator; to provide for the issuing of post-administration directives by the Minister; to provide for the establishment, disestablishment, governance and funding of national institutes for higher education; to provide for the registration of private higher education institutions [ , ]  the different categories of registration and the associated rights; to provide for quality assurance and quality promotion in higher education; to provide for the withdrawal and revocation of qualifications by public or private higher education institutions; to provide for transitional arrangements and the repeal of certain laws; and to provide for matters connected therewith.

[...amended by Act 2016_009_043_20170117]

Table of contents

SECTION TITLE

PREAMBLE

ARRANGEMENT OF ACT

CHAPTER 1. DEFINITIONS, APPLICATION AND DETERMINATION OF POLICY
1. Definitions
2. Application and interpretation [...Title amended by Act 2016_009_002_20170117 - was entitled "Application"]
3. Determination of higher education policy

CHAPTER 2. COUNCIL ON HIGHER EDUCATION
4. Establishment of Council on Higher Education (CHE)
5. Functions of CHE
6. Information to be provided to CHE
7. Qualifications, quality promotion and quality assurance [...Title amended by Act 2008_039_003_20081127 - was entitled "Quality promotion and quality assurance functions of CHE"]
8. Composition of CHE
9. Term of office of members
10. Vacation of office by members
11. Filling of vacancies
12. Executive officer and employees of CHE
13. Executive committee of CHE
14. Committees of CHE
15. Meetings of CHE and committees
16. Funds of CHE
17. Remuneration and allowances of members of CHE and committees
18. Annual audit
19. Annual report

CHAPTER 3. PUBLIC HIGHER EDUCATION INSTITUTIONS
20. Establishment of public higher education institutions
21. Declaration of education institutions as public higher education institutions
22. Consequences of declaration as public higher education institutions
23. Merger of public higher education institutions
24. Incorporation of subdivisions of public higher education institutions [...Title amended by Act 2002_06_006_20021219 - was entitled “Merger of subdivisions of public higher education institutions”]
25. Closure of public higher education institutions

CHAPTER 4. GOVERNANCE OF PUBLIC HIGHER EDUCATION INSTITUTIONS
26. Institutional governance structures
27. Council of public higher education institution
28. Senate of public higher education institution
29. Committees of council and senate
30. Principal of public higher education institution
31. Institutional forum
32. Institutional statutes and institutional rules
33. Institutional statutes to be approved or made by Minister
34. Appointment and conditions of service of employees of public higher education institutions
35. Students' representative council
36. Disciplinary measures
37. Admission to public higher education institutions
38. Co-operation between public higher education institutions
38A. ... [...inserted by Act 2003_038_003_20031215] [...repealed by Act 2016_009_011_20170117 - was entitled "Establishment of national institute for higher education"]
38B. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Functions of national institute for higher education"]
38C. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Composition of board"]
38D. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Term of office of chairperson and members"]
38E. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Vacation of office"]
38F. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Filling of vacancies"]
38G. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Funds of national institute for higher education"]
38H. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Annual audit"]
38I. ... [...inserted by Act 2003_038_003_20031215[...repealed by Act 2016_009_011_20170117 - was entitled "Annual report"]
38J. ... [...inserted by Act 2012_023_007_20121219] [...repealed by Act 2016_009_011_20170117 - was entitled "Intervention by Minister"]
38K. ... [...inserted by Act 2012_023_007_20121219] [...repealed by Act 2016_009_011_20170117 - was entitled "Appointment of administrator"]
38L. ...  [...inserted by Act 2012_023_007_20121219] [...repealed by Act 2016_009_011_20170117 - was entitled "Assistance to administrator"]
38M. ... [...inserted by Act 2012_023_007_20121219] [...repealed by Act 2016_009_011_20170117 - was entitled "Remuneration and allowances"]
38N. ... [...inserted by Act 2012_023_007_20121219] [...repealed by Act 2016_009_011_20170117 - was entitled "Dissolution of board"]
38O. ... [...inserted by Act 2012_023_007_20121219] [...repealed by Act 2016_009_011_20170117 - was entitled "Disestablishment of national institute for higher education"]

CHAPTER 5. FUNDING OF PUBLIC HIGHER EDUCATION
39.. Allocation of funds by Minister
40. Funds of public higher education institutions
41. Records to be kept and information to be furnished by council
CHAPTER 6. MINISTERIAL INTERVENTIONS IN HIGHER EDUCATION INSTITUTIONS [...inserted by Act 2016_009_014_20170117]
41A. ... [...inserted by Act 1999_055_006_19991119] [...repealed by Act 2016_009_015_20170117 - was entitled 'Appointment of administrator"] 
42. Ministerial directive [...Title amended by Act 2016_009_016_20170117 - was entitled "Action on failure of council to comply with this Act or certain conditions"]

... [...Title deleted by Act 2016_009_20170117 - was entitled "CHAPTER 6. INDEPENDENT ASSESSOR"]
43. Appointment of independent assessment panel
44. Appointment of independent assessor
45. Cases where independent assessor may be appointed
45A. Investigation by independent assessor [...inserted by Act 2012_023_009_20121219]
45B. Entering upon premises by independent assessor [...inserted by Act 2012_023_009_20121219]
46. Independent assessor may be appointed for two or more public higher education institutions
47. Functions of independent assessor
48. Assistance to independent assessor
49. Remuneration and allowances of independent assessor [...Title amended by Act 2016_009_023_20170117 - was entitled 'Remuneration and allowances"]
49A. Indemnification of independent assessor [...inserted by Act 2012_023_011_20121219] [...Title amended by Act 2016_009_024_20170117 - was entitled "Intervention by Minister"]
49B. Appointment of administrator [...inserted by Act 2012_023_011_20121219]
49BA. Publication of appointment of administrator [...inserted by Act 2016_009_026_20170117]
49C. Assistance to administrator [...inserted by Act 2012_023_011_20121219]
49D. Remuneration and allowances of administrator [...inserted by Act 2012_023_011_20121219] [...Title substituted by Act 2016_009_027_20170117 by way of unmarked insertion - was entitled "Remuneration and allowances"] 
49E. Dissolution of council [...inserted by Act 2012_023_011_20121219]
49F. Role, powers, functions and duties of administrator [...inserted by Act 2016_009_028_20170117]
49G. Appointment of administrator on resignation of council [...inserted by Act 2016_009_028_20170117]
49H. Termination of term of office of administrator [...inserted by Act 2016_009_028_20170117]
49I. Directive to council appointed by administrator [...inserted by Act 2016_009_028_20170117] 
49J. Indemnification of administrator [...inserted by Act 2016_009_028_20170117]
CHAPTER 6A. NATIONAL INSTITUTES FOR HIGHER EDUCATION [...Title inserted by Act 2016_009_029_20170117]
49K. Establishment of national institute for higher education [...inserted by Act 2016_009_029_20170117] 
49L. Functions of national institute for higher education [...inserted by Act 2016_009_029_20170117]
49M. Governance, composition of board and committees [...inserted by Act 2016_009_029_20170117]
49N. Term of office of chairperson and members [...inserted by Act 2016_009_029_20170117]
49O. Vacation of office [...inserted by Act 2016_009_029_20170117]
49P. Filling of vacancies [...inserted by Act 2016_009_029_20170117]
49Q. Delegations [...inserted by Act 2016_009_029_20170117]
49R. Staff and conditions of service [...inserted by Act 2016_009_029_20170117]
49S. Funds of national institute for higher education [...inserted by Act 2016_009_029_20170117]
49T. Annual audit  [...inserted by Act 2016_009_029_20170117]
49U. Annual report [...inserted by Act 2016_009_029_20170117]
49V. Ministerial interventions [...inserted by Act 2016_009_029_20170117]
49W. Disestablishment of national institute for higher education [...inserted by Act 2016_009_029_20170117]

CHAPTER 7. PRIVATE HIGHER EDUCATION INSTITUTIONS
50. Designation of registrar
51. Authority to provide higher education [...Title amended by Act 2016_009_031_20170117 - was entitled "Registration of private higher education institutions"]
52 Application for registration
53. Requirements for registration of private higher education institutions [...Title amended by Act 2016_009_031_20170117 - was entitled "Requirements for registration"]
54. Determination of application for registration
55. Certificate of registration
56. Access to information
57. Records and audits
58. Amendment of registration
59. Requirements for amendment of registration and determination of application
60. Conditions for registration
61. Amendment or cancellation of conditions
62. Cancellation of registration
63. Steps before amendment or cancellation
64. Appeal to Minister

CHAPTER 8. GENERAL
65. Name change of public higher education institution
65A. Seat of public higher education institution [...inserted by Act 2001_023_024_20011102]
65AB. Change of type and scope of higher education institution [...inserted by Act 2016_009_035_20170117]
65B. Degrees, diplomas and certificates [...inserted by Act 2001_023_024_20011102]
65BA. Withdrawal and revocation of degree, diploma, certificate or other qualification [...inserted by Act 2016_009_037_20170117]
65C. Honorary degrees [...inserted by Act 2001_023_024_20011102]
65D. Qualifications registered on National Qualifications Framework [...inserted by Act 2010_026_003_20101207]|
66. Offences
67. Limitation of liability
68. Delegation of powers
69. Regulations
70. ... [...repealed by Act 2016_009_042_20170117 - was entitled "Application of Act when in conflict with other laws"]

CHAPTER 9. TRANSITIONAL AND OTHER ARRANGEMENTS
71. Existing statutes and rules of public higher education institutions
72. Existing technikons and universities
73. Abolition of University and Technikons Advisory Council
74. Abolition of statutory status of Committee of University Principals, Matriculation Board and Committee of Technikon Principals
75. Exemption of existing private higher education institutions
76. Repeal of laws
77. Short title
 
Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 1997_101_000_19971229 EXT.LINK REQ.INFO LINK
As amended by Act 1999_055_000_19991119 N/A REQ.INFO LINK
As amended by Act 2000_054_000_20001122 N/A REQ.INFO LINK
As amended by Act 2001_023_000_20011102 N/A REQ.INFO LINK
As amended by Act 2002_063_000_20021219 N/A REQ.INFO LINK
As amended by Act 2003_038_000_20031215 N/A REQ.INFO LINK
As amended by Act 2008_039_000_20081127 N/A REQ.INFO LINK
As amended by Act 2010_026_000_20101207 N/A REQ.INFO LINK
As amended by Act 2011_021_000_20111214 N/A REQ.INFO LINK
As amended by Act 2012_023_000_20121219 N/A REQ.INFO LINK
As amended by Act 2016_009_000_20170117 N/A REQ.INFO LINK

* LegalB refers to a "version" of an Act or its sections in the format "YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.

TOP
Copyright Rita V. Felgate 2018