Higher Education Laws Amendment Act

Link to law: http://www.gov.za/documents/higher-education-laws-amendment-act
Published: 2010-12-07

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Higher Education Laws Amendment Act 25 of 2010
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 546 Cape Town 7 December 2010 No. 33855
THE PRESIDENCY No. 1178 7 December 2010
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 26 of 2010: Higher Education Laws Amendment Act, 2010.























2 No. 33855
Act No. 26 of 21110
GOVERNMENT GAZETTE. 7 DECEMBER 2010
HIGHER EDUCATION l.AWS AMENDMENT ACT, 20 I0
GENERAL EXPLANATORY NOTE:
Words in hold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid hne indicate Insertions in existing enactments.
(Enxlish text signed by the President.) (Assented to 3 Deeember 2010,)
ACT To amend-
• the Higher Education Act, 1997, so as to amend certain definitions; to ensure that all higher education programmes offered in South Africa by a foreign juristic person are registered on the National Qualifications Framework; and to ensure that higber education institutions may offer a degree, diploma or certificate only if it is registered on the National Qualifications Framework;
• the Skills Development Act, 1998, so as to amend certain definitions; to provide for tbe appointment of the chief executive officer of the QCTO and for the transfer to and appointment of staff to the QCTO: and to further regulate the composition of the QCTO:
• the National Student Financial Aid Scbeme Act, 1999, so as to amend certain definitions; and
• the National Qualifications .'ramework Act, 2008, so as to amend a definition and delete another: to amend the application of the Act in order to require tbat all qualifications offered in the Republic are registered on the National Qualifications Framework; and to remove references in the said Act to the Minister of Labour;
and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:- Amendment of section I of Act 101 of 1997, as amended by section I of Act 55 of 1999, section 1 of Act 54 of 2000, section I of Act 63 of 2002 and section 1 of Act 38 of 2008 5
1. Section I of the Higher Education Act, 1997. is hereby amended by- (a) the substitution for the definition of "Department of Education" of the
following definition: .. 'Department of Education' means the [Government department responsible for education at national level] Department of Higher 10 Education and Training;H;
(b) the substitution for the definition of "Director-General" of the following definition:































4 No. 33855
Act No, 26 of 2010
GOVERNMENT GAZETTE, 7 DECEMBER 2010
HIGHER EDUCATION LAWS AMENDMENT ACT, 2010
.. 'Director-General' means the Director-General of the Department of Higher Education and Training;"; and
(e) thc substitution for the definition of "Minister" oflhe following definition: "'Minister' means the Minister of Higher Education and Training;".
Substitution of section 51 of Act 101 ofl997, as substituted by section 6 ofAct 54 of 5 2000
2. The following section is hereby substituted for section 51 of the Higher Educalion Act, 1997:
"Registration of private higher education institutions
51. ill No person other than a public higher education inslitution or an 10 organ of slale may provide higher educatioo uoless that person is-
(a) in thc prescribed manner, registered or conditiooally registered as a private higher educatioo institution in terms of this Act; and
(b) registered or recognised as a juristic person in terms of the Companies Act, 1973 (Act No. 61 of 1973), before such person is registered or 15 conditionally regislered [as contemplated in] in accordancc with paragraph (a), (2) If the person contemplated in subsection (I) is a foreign juristic
person, that person must ensure that any qualification or part-qualification olTercd within the Republic is registered on the sub-framework for higher 20 education on the National Qualifications Framework contemplated in section 7(h) read with section 13(1)(h) of the National Qualifications Framework Act." .
Insertion of section 650 in Act 101 of 1997
3. The following section is hereby inserted in the Higher Education Act, 1997. after 25 section 65C:
"Qualifications registered on National Qualifications Framework
650. (I) No person may olTer, award or confer a degree, or a higher education diploma or a higher education certificate, provided for on the HEQF unless such degree, diploma or certificate is registered on the 30 sub-framework for higher education on the National Qualifications Framework contemplated in section 7(h) read with section 13(1)(h) of the National Qualifications Framework Act.
(2) Notwithstanding subsection (1), a public higher education institution intending to olTer any education programme or trade and occupational 35 learning programme that leads to a qualification or part-qualification on the sub-framework for trade and occupation contemplated in section 7(e) of the National Qualifications Framework Act may olTer the qualification or part-qualification subject to---
(a) the approval of the Minister; and 40 (h) compliance with any condition set by the Minister,",
Amendment of section 1 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999, section I of Act 31 of 2003 and section 1 of Act 37 of 2008
4. Section I of the Skills Development Act, 1998, is hereby amended by- (a) the substitution for the definition of "Department" of the following 45
definition: " 'Department' means the Department of [Labour] Higher Education and Training, except in- (a) sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with
respect to Productivity South Africa established by section 26K), 50
































6 No. 33855
Act No, 26 or 2010
GOVERNMENT GAZETTE, 7 DECEMBER 2010
HtGHER EDUCATION LAWS AMENDMENT AC'T, 2010
22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2),36(0), (p) and (q), item 7 of Schcdule 2A and Schedule 4; and
(b) sections 32(1), 33 and 36(a) and (s) and any other provision to the extent that these provisions apply to 'cmployment services' defined in section 1 or to Productivity South Africa established by section 5 26K, but excluding section 23(1)(b) and (c),
where it means the Department of Labour;"; (b) the substitution for the definition of "Director-General" of the following
definition: "'Director-General' means the Director-General of [Labour] Higher 10 Education and Training;"; and
(e) the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of [Labour] Higher Education and Training, except in- (a) sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with 15
respect to Productivity South Africa established by section 26K), 22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2),36(0), (p) and (q), item 7 of Schedule 2A and Schedule 4; and
(b) sections 32(1), 33 and 36(a) and (s) and any other provision to the extent that these provisions apply to 'employment services' defined 20 in scction 1 or to Productivity South Africa established by section 26K, but excluding section 23(1)(b) and (e),
where it means the Minister of Labour;" .
Amendment of section 26 of Act 97 of 1998, as inserted by section 11 of Act 37 of 2008 25
5, Section 26G of the Skills Development Act, 1998, is hereby amended by the substitution for subsection (5) of the following subsection:
"(5) l£l The Minister must appoint the chief executive officer of the QCTO on the recommendation of the members of the OCTO.
(b) If the Minister docs not agree with the recommendation of the members 30 of the QCTO, they must make another recommendation for consideration by the Minister.
(c) The QCTO must appoint such number of employees to assist the QCTO in the pertonnance of its functions as it may deem necessary.
(d) Despite paragraph (a), the QCTO is the employer of the executive 35 officcr and employees and must dctermine their rcmuncration, allowances. subsidies and other conditions of service.
(e) Staff identified in posts on the establishment of the Department who immediately before the commencement of the Higher Education Laws Amendment Act, 2010, performs functions relating to the administrative 40 management of the QCTO may, subject to section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995), be appointed or transferred to the OCTO.".
Amendment of Schedule 3 to Act 97 of 1998, as added by section 16 of Act 37 of 2008
6, Schedule 3 to the Skills Development Act, 1998, is hereby amended by- 45 (a) the substitution in item 1(1) for paragraph (b) of the following paragraph:
"(b) the chief executive officer of the SAQA;"; and (b) the substitution in item 1(1) for paragraphs (d) and (e) of the following
paragraphs, respectively: "(d) the chief executive officer of the QCTO; 50 (e) the chief executive [director] officer of the [Higher Education Quality
Committee] Council on HigiierEducation established in terms of section [7]:! of the Higher Education Act, 1997 (Act No. 101 of 1997);".






























8 No. 33855
Act No, 26 of 2010
GOVERNMENT GAZETTE, 7 DECEMBER 2010
HIGHER EDUCATION LAWS AMENDMENT ACT, 2010
Amendment of section 1 of Act 56 of 1999, as amended by section 13 of Act 31 of 2007
7. Section 1 of the National Student Financial Aid Scheme Act, 1999, is hereby amended by-
(a) the substitution for the definition of "Department" of the following 5 definition: "'Department' means the [government department responsible for education at national level) Department of Higher Education and Train- i!!g;"; and
(h) the substitution for the definition of "Minister" of the following definition: 10 " 'Minister' means the Minister of Higher Education and Training;".
Amendment of section 1 of Act 67 of 2008
8. Section 1 of the National Qualifications Framework Act, 2008, is hereby amended-
(a) by the substitution for the definition of "Minister" of the following 15 definition: "'Minister' means the Minister of Higher Education and Training;"; and
(h) by the repeal of the definition of "relevant Minister".
Substitution of section 3 of Act 67 of 2008
9. The following section is hereby substituted for section 3 of the National 20 Qualifications Framework Act, 2008:
"Application of Act
3. ill This Act applies to- (a) education programmes or learning programmes that lead to qualifica-
tions or part-qualifications olTered within the Republic by- 25 (i) education institutions; and
(ii) skills development providers; and (b) professional designations, subject to the limitations prescribed in this Act.
(2) Every qualification or part-qualification contemplated in subsection 30 (1) must be registered on the National Qualifications Framework in accordance with this Act.".
Amendment of section 8 of Act 67 of 2008
10. Section 8 of the National Qualifications Framework Act, 2008, is hereby amended- 35
(a) by the substitution in subsection (1) for paragraph (c) of the following paragraph: "(c) QC for General and Further Education and Training, [and) the QC for
Higher Education and the QC for Trades and Occupations contemplated in Chapter 5."; 40
(b) by the substitution in subsection (2) for paragraphs (h) and (c) of the following paragraphs, respectively: "(b) determine policy on NQF matters in terms of this Act[, after
consultation witb the Minister of Labour,] and pnblish the policy in the Gazette; 45
(c) [after consultation with the Minister of Labour,] publish guidelines which set out the government's strategy and priorities for the NQF, and which may be updated annually;";
(c) by the substitution in subsection (2) for paragraphs (e) and (f) of the following paragraphs, respectively: 50 "(e) [determine,) after considering advice trom the SAQA [and after
consultation with the Minister of Labour), determine the sub-






























10 No. 33855
Act No. 26 of 2010
GOVERNMENT GAZETTE. 7 DECEMBER 2010
HIGHER EDUCATION LAWS AMENDMENT ACT. 2010
frameworks coniempialed in section 7 [(a) and (b), respectively,] and publish them in the Gazette; and
Cf) determine. by regulation in the Gazette, [after consultation with the Minister of Labour,] the process by which a dispute involving the SAQA or a QC must be resolved, and any matter relating thereto."; and 5
(d) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words: "The Minister[, after consultation with the Minister of Labour,] must-".
Repeal of section 9 of Act 67 of 2008
11. Section 9 of the National Qualifications Framework Act, 2008, is hereby repealed. 10
Amendment of section 13 of Act 67 of 2008
12. Section 13 of the National Qualifications Framework Act, 2008, is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:
"(b) advise the Minister [and the Minister of Labour] on NQF matters in terms 15 of this Act.".
Amendment of section 14 of Act 67 of 2008
13, Section 14 of the National Qualifications Framework Act, 2008, is hereby amended by the substitution in subsection (2) for paragraph (a) of the following paragraph: 20
"(a) 12 members appointed in their personal capacities by the Minister [after consultation with the Minister of Labour];".
Amendment of section 27 of Act 67 of 2008
14, Section 27 of the National Qualifications Framework Act, 2008, is hereby amended- 25
(a) by the substitution for paragraphs (e) and (1) of the following paragraphs, respectively: "(e) develop and manage its sub-framework, and make recommendations
thereon to the [relevant] Minister; (f) advise the [relevant] Minister on matters relating to its sub-frame- 30
work;"; and (b) by the substitution in paragraph (k) for subparagraph Civ) of the following
subparagraph: "(iv) perform any function consistent with this Act that the [relevant]
Minister may determine." . 35
Substitution of long title of Act 67 of 2008
15. The following long title is hereby substituted for the long title of the National Qualifications Framework Act, 2008:
"To provide for the National Qualifications Framework; to provide for the responsibilities of the Minister of Higher Education and [the Minister of 40 Labour] Training; to provide for the South African Qualifications Authority; to provide for Quality Councils; to provide for transitional arrangements; to repeal the South African Qualifications Authority Act, 1995; and to provide for matters connected therewith.".
Short title
16. This Act is the Higher Education Laws Amendment Act, 2010.
45