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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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.] |
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| 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 |
| As amended by ... | N/A | REQ.INFO | LINK |
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