Higher Education Act: Regulations: Registration of private higher ...

[Pages:25]4 No. 39880

GOVERNMENT GAZETTE, 31 MARCH 2016

Government Notices ? Goewermentskennisgewings

GOVERNMENT

NOTICE N0 ....... 2 0 1 6 Higher Education andTraining,Department of/ Ho?r Onderwys en Opleiding,Departement van

DEPARTMENT OF HIGHER EDUCATION AND TRAINING

NO. R. 383

DEPARTMENT OF HIGHER EDUCATION AND TRAINING

R. 383

Higher Education Act (101/1997): Regulations for the Registration of Private Higher Education Institutions, 2016

39880

HIGHER EDUCATION ACT, 1997 (ACT No. 101 OF 1997)

31 MARCH 2016

REGULATIONS FOR THE REGISTRATION OF PRIVATE HIGHER EDUCATION INSTITUTIONS, 2016

I, Bonginkosi Emmanuel Nzimande, MP, Minister of Higher Education and Training, after consultation with the Council on Higher Education, in terms of section 53(1)(c ) read with section 69 of the Higher Education Act, 1997 (Act No. 101 of 1997), have repealed the Regulations for the Registration of Private Higher Education Institutions, as published in Government Notice R1564 in Government Gazette 24143 of 13 December 2002, and herewith publish the new Regulations as set out in the Schedule hereto.

Dr

Nzimande, MP

Jos!m Minister of Higher Education and Training

oate:

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SCHEDULE

REGULATIONS FOR THE REGISTRATION OF PRIVATE HIGHER EDUCATION INSTITUTIONS

ARRANGEMENT OF REGULATIONS

Regulation

Chapter 1: Definitions

1. Definitions Chapter 2: Application process

2. Eligibility 3. Application for registration 4. Application for amendment 5. Withdrawal of application 6. Subsequent application for registration

Chapter 3: Requirements for registration

7. Compliance with the Act 8. Name of applicant 9. Prohibition of discrimination 10 Programmes and qualifications 11. Compliance with Occupational Health and Safety Regulations 12. Finance 13. Foreign applicants

Chapter 4: Registration

14. Determination of an application 15. Amendment of registration 16. Conversion of registration 17. Cancellation of registration 18. Publication of registration notices

Chapter 5: Registration certificate

19. Registration name 20. Certificate of registration

Chapter 6: Responsibility of an institution

21. Maintenance of registration 22. Display of registration status

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23. Registered programmes 24. Information for students and the public 25. Academic records 26. Official documents, marketing and advertising 27. Information required by the registrar

Chapter 7: Appeals

28. Procedure

Chapter 8: General and transitional arrangements

29. Conflict of interest 30. Repeal of regulations 31. Transitional arrangements 32. Appendices 33. Short title and commencement

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CHAPTER 1 DEFINITIONS !. Definitions

In these regulations any word or expression to which a meaning has been assigned in the Higher Education Act, 1997 (Act No. 101 of 1997) has the same meaning and, unless the context otherwise indicates'accreditation' means accreditation as determined by the HEQC; 'amendment' means an alteration in the conditions of registration or

provisional registration of an institution in terms of section 61 of the Act; 'application for amendment' means an application made in terms of section 58 of the Act; 'application for conversion' means an application to convert provisional registration as contemplated in regulation 5; 'approved programme' means a programme that complies with the requirements of the Act and which is approved by the registrar in terms of the regulations; 'condition' means a stipulation or directive imposed by the registrar on an institution in terms of section 60 of the Act; 'foreign applicant' means an applicant who is a foreign juristic person as defined in the Act; 'HEQC' means the Higher Education Quality Committee of the Council on Higher Education; 'institution' means a private higher education institution that is registered or provisionally registered in terms of the Act; 'joint use' means the sharing, hiring or use of another facility not under the administration and control of the hiring institution for the provision of higher education as defined in section 1 of the Act; 'NQF' means the National Qualifications Framework as contemplated in the National Qualifications Act Framework Act, 2008 (Act No. 67 of 2008); 'parent institution' means a foreign higher education institution to which a foreign applicant is legally, commercially or academically subordinate or on which it is otherwise dependant;

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'partnership' means an agreement between two or more parties on the provision of higher education as defined in section 1 of the Act;

'programme' means the purposeful and structured set of learning experiences that leads to a qualification as defined in the Higher Education Qualifications Sub-Framework (HEQSF) published under Government Notice No.36721 of 2 August 2013;

'qualification' means the formal recognition and certification of learning achievement awarded by a registered institution as defined in the HEQSF;

'registered programme' means a programme approved by the registrar In terms of regulation 14(4) and (5) and included in a registration certificate in terms of regulation 20;

'registration' means the granting of an application to operate as a private higher education institution in terms of the Act, offering such programmes leading to registered qualifications on such sites as the registrar may approve in terms of these regulations;

'requirements' means the prescribed criteria contemplated in chapter 3 of these regulations or any other criteria prescribed in the Act that an applicant or institution must fulfil in order to be registered or maintain registration;

'site' means any physical space such as a campus, satellite campus, tuition or learning centre controlled and administered by an applicant or an institution;

'the Act' means the Higher Education Act, 1997 (Act No. 101 of 1997) and any regulations or policy determined in terms of or under the Act;

'tuition' means teaching and learning support.

CHAPTER 2 APPLICATION PROCESS 2. Eligibility

{1) A person proposing to provide higher education as contemplated in the Act is eligible to apply for registration if(a) registered as a juristic person in terms of the Companies Act, 2008

(Act No. 71 of 2008 ); and (b) person complies with section 51(2) of the Act.

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(2) A person who purports to operate a higher education institution without being registered in terms of the Act is guilty of an offence in terms of section 66 of the Act, and is not eligible to apply for registration except in terms of regulation 6(4).

(3) If an applicant does not meet the eligibility requirements referred to in sub-regulation (1), the registrar must inform the applicant in writing within 14 working days after receipt of the application and return the documents submitted by the applicant.

3. Application for registration

(1) Anyone that intends to establish and maintain a private higher education institution must apply to the registrar in terms of the Act and these regulations.

(2) Sub-regulation (1) also applies to a juristic person established through a merger between institutions, with a resultant loss of the juristic personality of the old institutions and the creation of a new juristic person.

(3) An applicant for registration must(a) submit the application for registration in full at least eighteen months before the institution is to start operating in the manner determined by the registrar in the Government Gazette; and (b) send with the application the full fee determined by the registrar by

notice in the Government Gazette. (4) If an applicant does not comply with sub-regulation (3)(a) and (b) the registrar must decline to process the application and return it. (5) The registrar may require an applicant to clarify items in the application or submit additional information before the application is determined. (6) An applicant must promptly notify the registrar if there is any change in the information submitted in the application.

3A Functions of the Department of Higher Education and Training (DHET)

(1) According to section 50(1) of the Act, the Director-General of the Department of Higher Education and Training is the registrar and has the following functions with respect to an application;

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(a) receipt of an application accompanied by the prescribed fee as contemplated in section 52 of the Act; (b) determination of an application for registration in accordance with section 54 of the Act; and (c) registration of an applicant as a private higher education institution in accordance with section 53 of the Act.

38 Functions of the Higher Education Quality Committee {HEQC) of the Council on Higher Education {CHE).

In terms of section 5(1)(c)(iii) of the Act, read in conjunction with section 25 of the NQF Act, the HEQC of the CHE, the Quality Council, is responsible for the accreditation of higher education programmes, applicants for registration must therefore-

(a) submit an application for the accreditation of its higher education programmes to the HEQC; and (b) submit to the registrar the official accreditation report issued by the HEQC with respect to the outcome of its application.

3C Functions of the South African Qualifications Authority {SAQA)

According to section 13(1)(h)(ii) of the NQF Act, SAQA is responsible for registering higher education qualifications on the NQF, applicants for registration must therefore submit to the registrar the official report issued by SAQA as proof that their programmes are registered on the NQF.

4. Application for amendment

(1) Regulation 3 applies to the submission of an amendment application, except that it must be submitted at least twelve months before the proposed amendment is intended to come into effect.

(2) The registrar may for good reason permit a later submission if requested in writing by the applicant.

5. Withdrawal of application

(1) An application made in terms of regulation 3 may be withdrawn by notice in writing to the registrar, but no notice of withdrawal

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is valid if it is submitted after the registrar has notified the applicant in writing of the result of the application.

(2) On receipt of a valid notice of withdrawal the registrar must forthwith return the application documents to the applicant.

6. Subsequent application for registration

(1) An applicant that has withdrawn an application in terms of regulation 5(1) may submit a subsequent application to the registrar not less than 12 months after the date of withdrawaI.

(2) An applicant whose(a) application has been denied other than in terms of regulation 14(4)(d); or (b) provisional registration has lapsed; or (c) registration has been cancelled,

may submit a subsequent application not less than 36 months after the date of denial, lapsing or cancellation respectively, unless determined otherwise by the registrar.

(3) A person whose application has been denied in terms of regulation 14(4)(d)may submit a subsequent application not less than 60 months after the notification of such denial of registration has been issued by the registrar.

(4) Despite (2) a person who has been found guilty of an offence in terms of section 66 of the Act may submit a subsequent application not less than 60 months after paying the fine or serving the term of imprisonment as the case may be.

(5) Regulation 3 applies to the submission of a subsequent application.

CHAPTER 3 REQUIREMENTS FOR REGISTRATION

7. Compliance with the Act

In order to be registered an applicant must fulfil the requirements of the Act.

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