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Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)

Schedule 1 : Standard College Statute

Definitions and Application

1. Definitions

 

 

(Section 18)

 

In this Statute, unless the context indicates otherwise, any word or expression to which a meaning has been ascribed in section 1 of the Act bears the meaning so ascribed, and—

 

"academic board" means the body contemplated in section 11 of the Act;

 

"auditor" means any person registered in terms of the Auditing Professions Act, 2005 (Act No. 26 of 2005);

 

"college" means the college referred to in section 3;

 

"council" means the governing structure of the college;

 

"Department" means the government department responsible for education at national level;

 

"Director-General" means the Director-General of the Department;

 

"external person" means a person referred to in section 10(8) of the Act;

 

"financial year" in respect of the college means a year commencing on the first day of January and ending on the 31st day of December of the same year;

 

"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 Companies Act, 1973 (Act No. 61 of 1973);

 

"further education and training"

[Definition deleted by section 21(b) of Act No. 1 of 2013];

 

"further education and training college"

[Definition deleted by section 21(b) of Act No. 1 of 2013]

 

"general education" means the compulsory school attendance phase referred to in section 3 of the South African Schools Act;

 

"Head of Department" means the head of a provincial department of education;

 

"higher education" means higher education as defined in the Higher Education Act, 1997 (Act No. 101 of 1997);

 

"institutional statute" means policy, a code of ethics and any rules developed by the council consistent with the Act;

 

"Labour Relations Act" means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"lecturer" means any person who teaches, educates or trains other persons or who provides professional educational services at the college and who is appointed in a post on a lecturer establishment under the Act;

 

"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);

 

"management" means the principal and vice-principal of the college;

 

"MEC" means the Member of the Executive Council of a province who is responsible for education in that province;

 

"Minister" means the Minister of Education;

 

"National Qualifications Framework" means the National Qualifications Framework as defined in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

 

"NBFET"

[Definition deleted by section 21(c) of Act No. 1 of 2013];

 

"organ of state’’ means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;

 

"policy" means—

(a) policy determined by the Minister in terms of the National Education Policy Act, 1996 (Act No. 27 of 1996); or
(b) policy determined by the Member of the Executive Council in terms of a provincial law;

 

"prescribed" means prescribed by regulation;

 

"principal" means the chief executive and accounting officer of the college, and includes a rector;

 

"programmes" means a list of education programmes approved and promulgated by the Minister in the Gazette;

 

"public college"

[Definition deleted by section 21(d) of Act No. 1 of 2013];

 

"Public Service Act" means the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

"rules" means rules made by the council in terms of section 5(2)(a);

 

"SAQA" means the South African Qualifications Authority established by section 3 of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

 

"school" means a school as defined in the South African Schools Act;

 

"South African Schools Act" means the South African Schools Act, 1996 (Act No. 84 of 1996);

 

"staff’ means persons employed at a public college;

 

"statute" means the standard college statute, which includes policy, code of conduct and any other rules developed by the council which are consistent with the Act;

 

"student" means any person registered as a student at the college;

 

"SRC" means the student representative council of the college;

 

"the Act" means the Continuing Education and Training Act, 2006;

[Definition amended by section 21(e) of Act No. 1 of 2013]

 

"to provide further education and training"

[Definition deleted by section 21(f) of Act No. 1 of 2013]

 

"vice-principal" includes a vice-rector.

 

[Schedule 1 amended by section 21(a) of Act No. 1 of 2013]