Higher Education Amendment Act
This section amends section 1 of the principal Act by inserting definitions for “foreign juristic person,” “local juristic person,” and “to provide higher education.”
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- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 54 of 2000
- Version
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- Language
- en
- Updated
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About this statute
This section amends section 1 of the principal Act by inserting definitions for “foreign juristic person,” “local juristic person,” and “to provide higher education.” The Minister may decide the scope and range of operations of public, private, and individual higher education institutions, subject to the policy in subsection (1) and the interest of the higher education system as a whole. The Minister must invite nominations in writing to fill certain vacancies. Public higher education institutions may only borrow or undertake certain property/building actions with a council resolution, and larger transactions need Minister approval. A public higher education institution’s council must give the Minister the information the Minister reasonably requires, in the required format.
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Provisions of Higher Education Amendment Act
Showing 14 of 14
- 1 Verify source ↗
Section 1 of the Higher Education Act, 1997 (hereinafter referred to as the principal
AI-assisted research summary: This section amends section 1 of the principal Act by inserting definitions for “foreign juristic person,” “local juristic person,” and “to provide higher education.”
1. Section 1 of the Higher Education Act, 1997 (hereinafter referred to as the principal Act), is hereby amended— (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 (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: 5 10 15 1-, >“(1. 21784 A(’1 so. 54, 2000” GOVERNMEN”I G\iltTTE. 22 NOVEMBER 2000” HIGHER ED(C.ATION AMENDMENT ACT. 2000 “ ‘(o prolide higher e d u c a t i o n ’ 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, in the name of the-hi~her education institution concerned.”. Amendment of section 3 of Act 101 of 1997 - 2 Verify source ↗
Section 3 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: The Minister may decide the scope and range of operations of public, private, and individual higher education institutions, subject to the policy in subsection (1) and the interest of the higher education system as a whole.
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 I 10 15 20 - 3 Verify source ↗
Section 11 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: The Minister must invite nominations in writing to fill certain vacancies.
3. Section 11 of the principal Act is hereby amended by the addition of the following 25 subsections, the existing section becoming subsection (1): “(2) A member-n omin 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— (u) national organisations representing— (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 - 4 Verify source ↗
Section 40 of the principal Act is hereby amended—
AI-assisted research summary: Public higher education institutions may only borrow or undertake certain property/building actions with a council resolution, and larger transactions need Minister approval.
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 (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. (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— 30 35 40 45 50 4 I I I t . (3 x(}. ?17s4 Act h’(). M 20(M GO\ ’ERNThlENT GAZETTE. 22 NOVEMBER 2000” 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.”. 5 10 15 Amendment of section 41 of Act 101 of 1997 - 5 Verify source ↗
Section41 of the principal Act is hereby amended by the substitution for subsection
AI-assisted research summary: A public higher education institution’s council must give the Minister the information the Minister reasonably requires, in the required format.
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 [— (a) the information that must be provided in terms of the Reporting by 20 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 Verify source ↗
The following section is hereby substituted for section 51 of the principal Act:
AI-assisted research summary: This section substitutes a new section 51 in the principal Act, titled “Registration of private higher education institutions”.
6. The following section is hereby substituted for section 51 of the principal Act: “Registration of private higher education institutions - 51 Verify source ↗
No person other than a public higher education institution or an organ
AI-assisted research summary: Only a public higher education institution or an organ of state may provide higher education, unless the provider is registered or conditionally registered as a private higher education institution and is registered or recognised as a juristic person.
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 Verify source ↗
Section 53 of the principal Act is hereby amended—
AI-assisted research summary: This amendment changes the registration rule for private higher education institutions and lets the registrar set reasonable requirements, including limits on using “university” or “technikon” in an applicant’s name.
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 Verify source ↗
Section 54 of the principal Act is hereby amended—
AI-assisted research summary: The registrar must consider applications to register as a private higher institution and may register, or conditionally register, applicants in some cases. Independent schools and other private education institutions may not use certain higher-education titles unless registered and named accordingly.
8. Section 54 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: 50 Act N’(). 54.2000 HIGHER EI>~;(-/l13(>N .AklENDkfENT ,4 CT. 2000 “(1 ) The registrar [mustJ—- (17) (h) @_ must consider any application for registration as a private higher institution and any further information, particulars or education 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
Part
Chapter 7 and the word “university” or “technikon” appears in its
- 9 Verify source ↗
The following section is hereby substituted for section 65 of the principal Act:
AI-assisted research summary: A public higher education institution’s council may change the institution’s name if the Minister approves and the change is published in the Gazette.
9. The following section is hereby substituted for section 65 of the principal Act: “Name change of public higher education institution QJ [A] Notwithstandingg~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 Verify source ↗
Section 66 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: A person who contravenes section 51 fl)(a), 54(7) or 55(2) commits an offence and may be fined, imprisoned for up to five years, or both.
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 Verify source ↗
Section 68 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: A public higher education institution’s council may delegate certain powers and assign duties, but it cannot delegate the power to make an institutional statute, enter the section 40(2) agreement, or perform a section 40(3) action.
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— @ make an institutional statute; (b) enter into an agreement contemplated in section 40(2): or (c) perform an action contemplated in section 40(3), 50 lo - —. N<] 217s4 Act h’O. S+ ~~otl G~vERNMENT GAZETTE ~~ NOVEMBER 2000” —. —. HIGHER EDL!CATlON AMENDhlENT ACT. 2000 and assigt] any of its duties in terms of this Act or assigned to it in terms of subsection ( 1 ). to the other internal structures, the principal or any other employee of the public higher education institution concerned.”. Amendment of section 76 of Act 101 of 1997 - 12 Verify source ↗
Section 76 of the principal Act is hereby amended by the addition of the following 5
AI-assisted research summary: This provision adds a subsection stating that the University Staff (Education and Training) Act, 1984 is repealed in full.
12. Section 76 of the principal Act is hereby amended by the addition of the following 5 subsection: “(5) The University Staff (Education and Training) Act, 1984 (Act No. 91 of 19S4), is hereby repealed in its entirety.”. Short title - 13 Verify source ↗
This Act is called the Higher Education Amendment Act, 2000.
AI-assisted research summary: This section gives the Act its short title: the Higher Education Amendment Act, 2000.
13. This Act is called the Higher Education Amendment Act, 2000.
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