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Table of Contents
Higher Education Act, 1997 (Act No. 101 of 1997)
Notice No. 1655 of 1997
Act
Preamble
Chapter 1 : Definitions, Application and Determination of Policy
1. Definitions
2. Application and interpretation
3. Determination of higher education policy
Chapter 2 : Council on Higher Education
4. Establishment of Council on Higher Education (CHE)
5. Functions of CHE
6. Information to be provided to CHE
7. Qualifications, quality promotion and quality assurance
8. Composition of CHE
9. Term of office of members
10. Vacation of office by members
11. Filling of vacancies
12. Executive officer and employees of CHE
13. Executive committee of CHE
14. Committees of CHE
15. Meetings of CHE and committees
16. Funds of CHE
17. Remuneration and allowances of members of CHE and committees
18. Annual Audit
19. Annual report
Chapter 3 : Public Higher Education Institutions
20. Establishment of public higher education institutions
21. Declaration of education institutions as public higher education institutions
22. Consequences of declaration as public higher education institutions
23. Merger of public higher education institutions
24. Merger of subdivisions of public higher education institutions
25. Closure of public higher education institutions
Chapter 4 : Governance of Public Higher Education Institutions
26. Institutional governance structures
27. Council of public higher education institution
28. Senate of public higher education institution
29. Committees of council and senate
30. Principal of public higher education institution
31. Institutional forum
32. Institutional statutes and institutional rules
33. Institutional statutes to be approved or made by Minister
34. Appointment and conditions of service of employees of public higher education institutions
35. Students' representative council
36. Disciplinary measures
37. Admission to public higher education institutions
38. Co-operation between public higher education institutions
38A. [Repealed] Establishment of national institute for higher education
38B. [Repealed] Functions of national institute for higher education
38C. [Repealed] Composition of board
38D. [Repealed] Term of office of chairperson and members
38E. [Repealed] Vacation of office
38F. [Repealed] Filling of vacancies
38G. [Repealed] Funds of national institute for higher education
38H. [Repealed] Annual audit
38I. [Repealed] Annual report
38J. [Repealed] Intervention by Minister
38K. [Repealed] Appointment of administrator
38L. [Repealed] Assistance to administrator
38M. [Repealed] Remuneration and allowances
38N. [Repealed] Dissolution of board
38O. [Repealed] Disestablishment of national institute for higher education
Chapter 5 : Funding of Public Higher Education
39. Allocation of funds by Minister
40. Funds of public higher education institutions
41. Records to be kept, external audit and information to be furnished by council
Chapter 6 : Ministerial interventions in Higher Education Institutions
41A. [Repealed] Appointment of administrator
42. Ministerial directive
43. Appointment of independent assessment panel
44. Appointment of independent assessor
45. Cases where independent assessor may be appointed
45A. Investigation by independent assessor
45B. Entering upon premises by independent assessor
46. Independent assessor may be appointed for two or more public higher education institutions
47. Functions of independent assessor
48. Assistance to independent assessor
49. Remuneration and allowances of independent assessor
49A. Indemnification of independent assessor
49B. Appointment of administrator
49BA. Publication of appointment of administrator
49C. Assistance to administrator
49D. Remuneration and allowances of administrator
49E. Dissolution of council
49F. Role, powers, functions and duties of administrator
49G. Appointment of administrator on resignation of council
49H. Termination of term of office of administrator
49I. Directive to council appointed by administrator
49J. Indemnification of administrator
Chapter 6A : National Institutes for Higher Education
49K. Establishment of national institute for higher education
49L. Functions of national institute for higher education
49M. Governance, composition of board and committees
49N. Term of office of chairperson and members
49O. Vacation of office
49P. Filling of vacancies
49Q. Delegations
49R. Staff and conditions of service
49S. Funds of national institute for higher education
49T. Annual audit
49U. Annual report
49V. Ministerial interventions
49W. Disestablishment of national institute for higher education
Chapter 7 : Private Higher Education Institutions
50. Designation of registrar
51. Authority to provide higher education
52. Application for registration
53. Requirements for registration of private higher education institutions
54. Determination of application for registration
55. Certificate of registration
56. Access to information
57. Records and audits
58. Amendment of registration
59. Requirements for amendment of registration and determination of application
60. Conditions for registration
61. Amendment or cancellation of conditions
62. Cancellation of registration
63. Steps before amendment or cancellation
64. Appeal to Minister
Chapter 8 : General
65. Name change of public higher education institution
65A. Seat of public higher education institution
65AB. Change of type and scope of higher education institution
65B. Degrees, diplomas and certificates
65BA. Withdrawal and revocation of degree, diploma, certificate or other qualification
65C. Honorary degrees
65D. Qualifications registered on National Qualifications Framework
66. Offences
67. Limitation of liability
68. Delegation of powers
69. Regulations
70. [Repealed] Application of Act when in conflict with other laws
Chapter 9 : Transitional and other Arrangements
71. Existing statutes and rules of public higher education institutions
72. Existing Technikons and universities
73. Abolition of University and Technikons Advisory Council
74. Abolition of statutory status of Committee of University Principals, Matriculation Board and Committee of Technikon Principals
75. Exemption of existing private higher education institutions
76. Repeal of laws
77. Short title
Schedule
Laws Repealed
Regulations
[Repealed] Regulations for the Registration of Private Higher Education Institutions, 2003
Regulations for Annual Reporting by Public Higher Education Institutions
Notice No. R. 691 of 2007
Part 1
Part 2
Part 3
Schedule
Implementation Manual for Annual Reporting
Chapter 1 : Introduction
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Regulations for the Registration of Private Higher Education Institutions, 2016
Notice No. R. 383 of 2016
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Application Process
2. Eligibility
3. Application for registration
3A. Functions of the Department of Higher Education and Training (DHET)
3B. Functions of the Higher Education Quality Committee (HEQC) of the Council on Higher Education (CHE)
3C. Functions of the South African Qualifications Authority (SAQA)
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 the 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
17A. Lapsed or 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
23. Registered programmes
24. Information for students and the public
25. Academic records
26. Official documents, marketing and advertising
26A. Student complaints and grievances
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
Annexure
Guide for completing the application for registration as a Private Higher Education Institution
Vision, Mission and Mandate of the Department of Education
Acronyms used in the guide and application form
Application Types
Important considerations for lodging the application for registration
Important requirements for completing the application form
Extension Dates for the Post-School Education and Training (PSET) Institutions (Public and Private Higher Education Institutions as well as Public Colleges) under the auspices of the Department of Higher Education and Training
Notice No. R. 467 of 2020
Notices
Standard Institutional Statute, 2002
Notice No. 377 of 2002
1. Application
2. Definitions
3. Name, seat and powers
4. Constitution of institution
5. Functions of chancellor
6. Election and appointment of chancellor
7. Term of office of chancellor
8. Functions of council
9. Composition of council
10. Election of council members
11. Term of office of members of council
12. Termination of membership and filling of vacancies
13. Election of chairperson and vice-chairperson of council and term of office
14. Secretary to council
15. Meetings of council
16. Council meeting procedures
17. Conflict of interest of council members
18. Committees of council
19. Minutes of council and committee meetings
20. Drafting, amending or rescinding Statute
21. Functions of senate
22. Senate membership
23. Composition of senate
24. Term of office of senate members
25. Chairperson, vice-chairperson and secretary to senate
26. Senate meeting procedure
27. Committees of senate
28. Joint committees of council and senate
29. Functions of faculty board
30. Composition of faculty board
31. Meeting procedure of faculty board
32. Function of institutional forum
33. Composition of institutional forum
34. Office-bearers of institutional forum
35. Meetings and meeting procedure of institutional forum
36. Functions of SRC
37. Composition of SRC
38. Office-bearers of SRC
39. Term of office of SRC members
40. Privileges
41. Meetings of SRC
42. SRC committees
43. General meeting
44. Membership of convocation
45. Office-bearers of convocation
46. Meetings of convocation
47. Meeting procedures of convocation
48. Management and senior management
49. Principal
50. Functions of principal
51. Appointment of principal
52. Term of office of principal
53. Vice-principal and registrar
54. Appointment
55. Conditions of employment
56. Evaluation
57. Employees discipline
58. Representative employees' organisation
59. Admission and registration of students
60. Student discipline
61. Donors
62. Transitional provisions
Language Policy for Higher Education
Notice No. 1485 of 2002
Introduction
Background
The Policy Framework
Summary
Policy and Procedures for Measurement of Research Output of Public Higher Education Institutions
Notice No. R. 1467 of 2003
1. Introduction
2. Policy Framework
3. Recognised Research Output
4. Criteria for Recognised Research Output
5. Allocation of Units
6. General
7. Process and Procedures for the Submission and Evaluation
8. Procedures for Journal Research Output
9. Procedures for Books and Proceedings
10. Correspondence
Funding of Public Higher Education (November 2003)
Notice No. 1791 of 2003
1. Introduction
2. Division of the Higher Education Budget between Categories of Grants
3. Block Grants
4. Earmarked Grants
5. Implementation of the New Funding Framework
6. Annual Ministerial Statement
Minimum Admission Requirements - 2008
Notice No. 751 of 2008
1. Introduction
2. Policy considerations
3. Recognised National Senior Certificate Subjects
4. Minimum requirements for admission to the Higher Certificate, Diploma and BachelorDegree
Minimum Admission Requirements - 2009
Notice No. 1114 of 2009
1. Introduction
2. Policy considerations
3. Recognised National Certificate (Vocational) Level 4 Subjects
4. Minimum requirements for admission to the Higher Certificate, Diploma and Bachelors
Appendixes
Appendix A: Recognised National Certificate (Vocational) Level 4 Subjects
Appendix B : Designated Subject List
Standard Institutional Statute, 2018
Notice No. 1405 of 2018
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Institution
2. Name, seat and powers
3. Language policy
4. Composition of the University
Chapter 3 : Chancellor
5. Functions of Chancellor
6. Election and appointment of Chancellor
7. Term of office
Chapter 4 : Vice-Chancellor and Principal, Vice-Principals, Executive Directors and Registrar
Vice-Chancellor and Principal
8. Status
9. Functions of Principal
10. Appointment of Principal
11. Term of office of Principal
Vice-Principals, Executive Directors and Registrar
12. Duties
13. Appointment and terms of office
Chapter 5 : Council
14. Functions
15. Composition
16. Term of office
17. Election and nomination procedures
18. Chairperson, Deputy Chairperson and Secretary
19. Meetings and meeting procedures
20. Standing Committee of Council
21. Chairperson, Deputy Chairperson, Secretary of Standing Committee and meeting procedures
22. Powers and functions of Standing Committee
23. Committees
Chapter 6 : Senate
24. Functions
25. Composition
26. Terms of office
27. Election and nomination procedures
28. Chairperson and Secretary
29. Scheduling of meetings and meeting procedures
30. Composition of Senate Executive
31. Chairperson of Senate Executive and meeting procedures
32. Powers and functions of Senate Executive
33. Committees of Senate
34. Faculties
35. Members of Senate on Council
Chapter 7 : Faculties and Faculty Boards
36. Functions, compositions and procedures
Chapter 8 : Institutional Forum
37. Functions
38. Composition
39. Term of office
40. Election procedure
41. Chairperson and Deputy Chairperson
42. Executive Committee, task and work groups
43. Meeting procedures
44. Decision-making
Chapter 9 : Convocation
45. Membership
46. President
47. Election of President
48. Meetings
49. Submission of resolutions to Council
Chapter 10 : Degrees, Diplomas and Certificates
50. Capacity
51. Honorary degrees
52. Congregation and conferring of degrees
Chapter 11 : Employees
53. Appointment
54. Conditions of employment and conflict of interest
55. Evaluation
56. Staff discipline
57. Representative employees' organisations
Chapter 12 : Students
58. Admission and registration of students
59. SRC
60. Student discipline
Chapter 13 : Donors
61. Donors
62. Qualification as donor
63. Election by donors
Chapter 14 : Repeal of Previous Statute
64. Repeal of previous Statute
Chapter 15 : Transitional Provisions
65. Transitional provisions
Institutional Statute of Stellenbosch University, 2019
Notice No. 1062 of 2019
Introductory Note
Preamble
Chapter 1 : The Institution
1. Name of University
2. Seat of University
3. Status of University
4. Framework, interpretation and application
5. Principles
Chapter 2 : Governance
Council
6. Establishment and composition
7. Requirements for members
8. Terms of office of members
9. Vacancies
10. Powers, responsibilities and functions
11. Code of conduct and rules and procedures for declaring interests
12. Chairperson and deputy chairperson
13. Meetings
14. Election of Council members to Senate
15. Executive committee of Council
Senate
16. Establishment and composition
17. Terms of office of members
18. Vacancies
19. Powers and functions
20. Chairperson and meetings
21. Election of Senate members to Council
22. Executive committee of Senate
Faculty Boards
23. Establishment and composition
24. Powers and functions
25. Meetings
Student Representative Council
26. Establishment and composition
27. Powers and functions
28. Continuation of functions
Institutional Forum
29. Establishment and composition
30. Terms of office
31. Powers and functions
32. Chairpersons and meetings
33. Executive committee of Institutional Forum
Rector's Management Team
34. Composition and duties
General Management Committee
35. Composition and duties
Chapter 3 : Office Bearers
Chancellor
36. Status
37. Requirements
38. Election
39. Term of office
Rector and Vice-Chancellor
40. Duties and accountability
41. Appointment
42. Term of office
Vice-Rectors and Deputy Vice-Chancellors
43. Appointment, duties and terms of office
Chief Operating Officer
44. Appointment, duties and term of office
Registrar
45. Appointment, duties and term of office
Deans
46. Appointment, duties and terms of office
Chapter 4 : The Convocation
47. Composition of Convocation
48. Objective and functions
49. Participation in meetings and elections
50. Meetings
51. Executive committee of Convocation
Chapter 5 : Donors
52. Recognition
53. Election by donors
Chapter 6 : Employees
54. Appointment and conditions of service
55. Representative employees' organisations
Chapter 7 : Students
56. Admission and registration
57. Discipline
Chapter 8 : Qualifications and Honorary Degrees
58. Authority of University
59. Congregation
60. Conferral of honorary degrees and awards
Chapter 9 : General
61. Rules
62. Effect of vacancies
63. Delegations
64. Transitional provisions
65. Amendment of Statute
66. Repeal of Statute
67. Different versions of Statute
68. Definitions
69. Commencement
Institutional Statute of the North-West University, 2020
Notice No. 505 of 2020
Preamble
Chapter 1 : Definitions and Interpretation
1. Definitions
2. Interpretation and application
Chapter 2 : Governance and Other Structures
3. Name, seat and status of university
4. Establishment and composition
5. Election of members
6. Chairperson and deputy chairperson
7. Functions and powers
8. Meetings
9. Quorum
10. Decisions and procedures at meetings
11. Executive committee
12. Election of member of council to senate
13. Establishment and composition
14. Functions, authority and accountability
15. Meetings
16. Quorum
17. Decisions and procedures at meetings
18. Executive committee of senate
19. Senate standing committees
20. Establishment, functions and composition
21. Meetings and procedures
22. Establishment and composition
23. Functions
24. Meetings and procedures
25. Committees and substructures
26. Establishment and composition
27. Functions
28. SRC Constitution
29. Intervention
30. Establishment and constitution of convocation
31. Objective and functions
32. Membership and right to vote
33. President and executive committee
34. Meetings
35. Recognition and functioning
Chapter 3 : Office Bearers of University
36. Duties
37. Requirements
38. Nomination and election
39. Term of office
40. Vacation of office
41. Filling of vacancy
42. Duties and accountability
43. Requirements
44. Appointment
45. Term of office
46. Vacation of office
47. Filling of vacancy
48. Acting vice-chancellor
49. Duties and accountability
50. Appointment, term of office, vacation of office and filling of vacancy
51. Duties and accountability
52. Appointment, term of office, vacation of office, acting deputy vice-chancellors and filling of vacancies
53. Duties and accountability
54. Appointment, term of office, vacation of office, acting registrar and filling of vacancy
55. Duties and accountability
56. Appointment, term of office, vacation of office, acting executive directors and filing of vacancies
57. Duties and accountability
58. Appointment, term of office, vacation of office, acting executive deans and filling of vacancies
59. Duties and accountability
60. Appointment, term of office, vacation of office, acting deputy deans and filling of vacancies
61. Duties and accountability
62. Appointment
63. Establishment and composition
64. Functions
Chapter 4 : Employees
65. Appointment
66. Remuneration
67. Evaluation
68. Discipline
69. Trade unions
Chapter 5 : Students
70. Admission and registration
71. Discipline
72. Misconduct
73. Disciplinary bodies
74. Disciplinary procedures
75. Sanctions
76. Appeals
Chapter 6 : Qualifications and Awards
77. Requirements
78. Conferring and awarding qualifications
79. Honorary degrees and awards
Chapter 7 : General
80. Rules
81. Delegations
82. Transitional provisions
83. Amendment of statute
84. Repeal of statute
85. Commencement
Institutional Statute of the University of Fort Hare, 2020
Notice No. 506 of 2020
Statute of the University of Fort Hare
Schedule
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Institution
2. Name, seat and powers
3. Language Policy
4. Composition of the University
5. General provisions
Chapter 3 : Office Bearers and Executive Management Structures
Chancellor
6. Functions of Chancellor
7. Election and appointment of Chancellor
8. Term of Office
Vice-Chancellor
9. Duties and Accountability
10. Appointment
11. Term of Office
12. Acting Vice-Chancellor
13. Vacancy
Deputy Vice-Chancellor(s)
14. Duties and accountability
15. Appointment, term of office, vacation of office, Acting Deputy Vice-Chancellors and filling of vacancies
Registrar
16. Duties and accountability
17. Appointment, term of office, vacation of office, Acting Registrar and filling of a vacancy
Executive Director(s)
18. Duties and accountability
19. Appointment, term of office, vacation of office, Acting Executive Directors and filling of vacancies
Management Executive Committee
20. Functions and powers
21. Composition
22. Chairperson and acting chairperson of the Management Executive Committee
23. Secretary
24. Committees
25. Meetings and meetings procedure
Chapter 4 : Council
26. Functions and responsibilities
27. Composition, Appointment and Eligibility Criteria
28. Requirements for members
29. Election and Appointment of members to Council
30. Term of office
31. Vacancies on the Council
32. Election of Chairperson and Deputy Chairperson
33. Secretary to council
34. Meetings
35. Fudiciary duty and conflict of interest of members
36. Committees
37. Executive Committee
38. Other committees
Chapter 5 : Senate
39. Functions and accountability
40. Accountability and amendment
41. Composition
42. The fiduciary duty of members of Senate
43. Term of office of members
44. Chairperson, Deputy Chairperson and Secretary
45. Meetings
46. Committees
47. Executive Committee
48. Faculty Boards
Chapter 6 : Institutional Forum
49. Functions
50. Composition
51. Term of Office
52. Election Procedures
53. Termination of membership
54. Chairperson, Deputy Chairperson and Secretary
55. Meetings of the Institutional Forum
56. Executive Committee of the Institutional Forum
57. Decision-making
Chapter 7 : Convocation
58. Membership and Functions
59. President, Vice-President, Secretary of the Convocation and members of the Executive Committee of the Convocation
60. Meetings and meeting procedures
61. Executive Committee of the Convocation
62. Quorum for a Meeting of the Convocation
63. Submission of resolutions to Council and Senate
Chapter 8 : Donors
64. Donors
65. Qualification as donor
Chapter 9 : Employees
66. Appointment
67. Conditions of employment
68. Evaluation
69. Employee discipline
70. Representative employee organisations
Chapter 10 : Students
71. Admission and registration of students
72. Student organisations and activities
73. Student Representative Council (SRC)
74. Student discipline
75. Fees
76. Bursaries and loans
Chapter 11 : Degrees, Diplomas and Certificates
77. Degrees, diplomas and certificates
78. Honorary degrees
79. Congregation and conferring of degrees and awarding of diplomas and certificates
Chapter 12 : General and Transitional Provisions
80. Amendment of Statute
81. Repeal of previous Statute
82. Transitional provisions
Notice published in terms of Regulation 18(1) of the Regulations for the Registration of Private Higher Education Institutions, 2016 read with sections 62(1) and 63(a) and (b) of the Act: Publication of a Notice of Intent to cancel the registration of Cit
Notice No. 2387 of 2022
Notice published in terms of Regulation 18(1) of the Regulations for the Registration of Private Higher Education Institutions, 2016 read with sections 62(1) and 63(a) and (b) of the Act: Publication of Cancellation of the registration of Dermatech (Pty)
Notice No. 2519 of 2022
Chapter 14 : Repeal of Previous Statute
Purchase
64. Repeal of previous Statute
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