Higher Education Amendment Act

Link to law: http://www.gov.za/documents/higher-education-amendment-act
Published: 2000-11-22

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Higher Education Amendment Act [No. 54 of 2000]
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post O@ce as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer
CAPE TOWN, 22 NOVEMBER 2000 VOL 425 No. 21784
KAAPSTAD, 22 NOVEMBER 2000
I THE PRESIDENCY
——
No. 1196. 22 November 2000
It is hereby notified that the President has assented to the following Act which is hereby published for general information:—
No. 54 of ‘2000: Higher Education Amendment Act, 2000.
DIE PRESIDENSIE
No. 1196. 22 November 2000
Hierby word bekend gemaak dat die President sy g~ed- keuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:—
No. 54 van 2000: Wysigingswet op Hber Onderwys. 2000.
No 21784 GO\’ERN!vlENT G.4ZE,’ITE, 22 NOVEMBER 2(X)()2 . — — —— .4s1 No. 54, 2000 HIGHER EDLJC.ATION AhlENDMENT /4 CT, 2000
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in
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existing enactments.
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(English text signed by the President. ) (Assented to 17 November 2000.)
ACT To amend the Higher Education Act, 1997, so as to define certain expressions; to extend the power of the Minister of Education with regard to the determination of higher education policy; to provide that vacancies in the Council on Higher Education are filled for the unexpired term of office of the predecessor; to provide for the nominations to fill vacancies in the Council; to provide that a public higher education institution may not without the approval of its council and, under certain circumstances, without the concurrence of the Minister, enter into a loan or overdraft agreement or develop infrastructure; to make further provision for information a council has to furnish to the Minister; to make further provision for the registration of private higher education institutions, the requirements for their registration and the determination of applications for their registration; to provide afresh for the change of the name of a public higher education institution; and to make further provision for the repeal of laws; and to provide formatters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows: Amendment of section 1 of Act 101 of 1997
1. Section 1 of the Higher Education Act, 1997 (hereinafter referred to as the principal Act), is hereby amended— 5
(a) by the insertion after the definition of “financial year” of the following definition:
“ ‘foreign juristic person’ means a person— (i) registered or established as a juristic person in terms of a law of a
foreign country; and 10 (ii) recognised or registered as an external company in terms of the
Com-panics Act, 1973 (Act No. 61 of 1973);”; (b) by the insertion after the definition of “institutional statute” of the following
definition: “ ‘local juristic person’ means a person established as a juristic person in South Africa in terms of the Companies Act, 1973 (Act No. 61 of 1973);”; and
(c) by the insertion after the definition of “this Act” of the following definition:
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1-, >“(1. 21784 GOVERNMEN”I G\iltTTE. 22 NOVEMBER 2000”
A(’1 so. 54, 2000” HIGHER ED(C.ATION AMENDMENT ACT. 2000
“ ‘(o prolide higher education’ means- (a) [he re~istering of students for—
(i) complete qualifications at or above level 5 of the National Qualification Framework as contemplated in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995) ; or
(ii) such part of a qualification which meets the requirements of a unit standard as recogmsed by the South African Qualifications Authority at or above the level referred to in subparagraph (i);
(b) the taking of responsibility for the provision and delivery of the curricula;
(c) the assessment of students regarding their learning programmed; and
(d) the conferring of Qualifications,
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in the name of the-hi~her education institution concerned.”.
Amendment of section 3 of Act 101 of 1997
2. Section 3 of the principal Act is hereby amended by the addition of the following subsection:
“(3) The Minister may, in terms of the policy contemplated in subsection ( 1 ) and in the interest of the higher education system as a whole, determine the scope and range of operations of— (a) public higher education institutions; (b) private higher education institutions; and (c) individual public or private higher education institutions.”.
Amendment of section 11 of Act 101 of 1997
3. Section 11 of the principal Act is hereby amended by the addition of the following subsections, the existing section becoming subsection (1):
“(2) A member-nomin a
ted in ac~ordance with subsection (l) serves for the unexpired term of office of the predecessor.
(3) Notwithstanding section 8(3), the Minister must in writing invite nomina- tions to fill a vacancy contemplated in subsection (1) from— 30 (u) national organisations representing—
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(i) (ii)
(iii) (iv) (v)
(vi) (vii)
(viii) (ix)
students; academic employees; employees other than academic employees; university principals; technikon principals; principals of higher education colleges; principals of private higher education institutions; organised business; and organised labour; and
(b) researc~ and science councils. ”
Amendment of section 40 of Act 101 of 1997
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4. Section 40 of the principal Act is hereby amended— (a) by the substitution for paragraph (d) of the following paragraph:
“(d) money raised by means of loans and overdrafts;”; and 45 (b) by the addition of the following subsections, the existing section becoming
s~bsection (l): “(2) (a) Subiect to paragraph (b), a public higher education institution
may onl}~ with a resolution of its council, not taking into account any vacancy-that may exist, enter into a loan or an overdraft agreement. 50
(b) An agreement contemplated in paragraph (a) must be approved by the Minister if the agreement, or the sum of loans and overdrafts to be raised in any financial year, exceeds—
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(3 x(}. ?17s4 GO\ ’ERNThlENT GAZETTE. 22 NOVEMBER 2000”
Act h’(). M 20(M HIGHER EI>[C,4TION ,4 MENDMENT ACT. 20[)0
(i) such amount as the Illinister had determined for such institution: or (ii) in the absence of such determination, five per cent of [he average
income of that public higher education institution received during the [WU years immediately preceding such agreement.
(3) (a) subject to paragraph (~), a public higher education institution may only with a resolution of its council, not taking into account any vacancy that may exist, embark on any— (i) construction of a permanent building or other immovable
infrastructural development: (ii) purchasing of immovable property; or
(iii) long-term lease of immovable property. (b) Any action contemplated in paragraph (u) must be approved by the
Minister if the value of such development or property exceeds five per cent of the average income of that public higher education institution received during the two years immediately preceding such action.”.
Amendment of section 41 of Act 101 of 1997
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5. Section41 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) The council of a public higher education institution must provide the Minister with [— 20 (a) the information that must be provided in terms of the Reporting by
Public Entities Act, 1992 (Act No. 93 of 1992); and (b)] such [additional] information, in such format, as the Minister may reasonably
require.”.
Substitution of section 51 of Act 101 of 1997 25
6. The following section is hereby substituted for section 51 of the principal Act:
“Registration of private higher education institutions
51. No person other than a public higher education institution or an organ of state may provide higher education unless that person is— (a) in the prescribed manner, registered or conditionally ~gistered as a 30
private higher education 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 conditionally registered as contemplated in paragraph (a).”.
Amendment of section 53 of Act 101 of 1997, as amended by Act 55 of 1999 35
7. Section 53 of the principal Act is hereby amended— (a) by the substitution for the words preceding paragraph (a) of subsection (1) of
the following words: “The registrar [must] g register an applicant as a private higher education institution if the registrar has reason to believe that the 40 applicant—”;
(b) by the deletion of subparagraph (iii) of paragraph (b) of subsection ( 1); and (c) by the addition to subsection (1) of the following paragraph:
“(c) complies with any other reasonable requirement determined by the reuis[rar which may include a requirement that none of the words or 45 any derivatives of the words ‘university’ or ‘technikon’ may appear in the name of the applicant.”.
Amendment of section 54 of Act 101 of 1997
8. Section 54 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: 50
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Act N’(). 54.2000 HIGHER EI>~;(-/l13(>N .AklENDkfENT ,4 CT. 2000
“(1 ) The registrar [mustJ—- (17)
(h)
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must consider any application for registration as a private higher education institution and any further information, particulars or documents provided by the applicant: [and] may. when considering the application, differentiate between a 5 foreign juristic person and local juristic person with regard to matters such as its scope and range of operations, its size and its institutions! configuration; and may register the applicant as a private higher education institution if—- the requirements for registration contemplated in section 53 are 1() fulfilled.”:
(b) by the substitution fol subsection (3) of the following subsection: “(3) Notwithstanding subsection (1). the registrar may conditionally
register an applicant who does not fulfill the requirements for registra- tion, other than a foreign juristic person if the registrar believes that the 15 applicant will be able to fulfill the relevant requirements within a reasonable period.”: and
(c) by the addition of the following subsection: “(7) No independent school as defined in the South African Schools
Act, 1996 (Act No. 84 of 1996), or other private education institution 20 may call itself a university or a technikon or confer a professorship or an honorary degree or use the title of rector, vice-chancellor or chancellor, unless it is registered as a private higher education institution in terms of Chapter 7 and the word “university” or “technikon” appears in its name.”. 25
Substitution of section 65 of Act 101 of 1997
9. The following section is hereby substituted for section 65 of the principal Act:
“Name change of public higher education institution
QJ [A] Notwithstanding ~r @ council of a public higher education institution [other than a councfl 30 of a university established or incorporated by a private Act of Parliament] may, with the approval of the Minister and by notice in the Gazette, change the name of such higher education institution.
(2) Any change of name contemplated in subsection (1) does not affect any right, duty, liability or obligation of the public higher education 35 institution in question.”.
Amendment of section 66 of Act 101 of 1997
10. Section 66 of the principal Act is hereby amended by the substitution for subsection (3) for the following subsection:
“(3) Any person who contravenes section 51 fl)(a), 54(7) or 55(2) is 40 guilty of an offence and is liable on conviction to a fine or to imprisonment not exceeding five years or to both such fine and imprisonment.”.
Amendment of section 68 of Act 101 of 1997, as amended by section 9 of Act 55 of 1999 45
11. Section 68 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) The council of a public higher education institution may, on such conditions as it may determine, delegate any of its powers under this Act or delegated to it in terms of subsection (1), except the power to— 50 @ make an institutional statute; (b) enter into an agreement contemplated in section 40(2): or (c) perform an action contemplated in section 40(3),
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