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

Regulations for the Registration of Private Further Education and Training Colleges, 2007

Chapter 4 : Determination

12. Determination of an application

 

1) The registrar must consider and determine an application for registration -
a) in accordance with section 31 of the Act; and
b) at least six months before the applicant's proposed date of commencement of operation.

 

2) In determining the application of a foreign applicant, the registrar must verify the information contemplated in regulation 11.

 

3) In determining an application, the registrar must consider -
a) all information provided by the applicant;
b) the advice of Umalusi on the applicant's application for accreditation;
c) whether the applicant complies with all the requirements for registration in terms of the Act and these regulations;
d) the differentiation between a foreign juristic person and a local juristic person in terms of section 31 (1)(b) of the Act;
e) the proposed programmes and qualifications, and the sites where they are to be offered;
f) section 37 of the Act concerning conditions that may be attached to registration or provisional registration;
g) the rights of the general public, the students and the applicant; and
h) the interests of further education and training as a whole.

 

4) In the light of subregulations (1) to (3), the registrar must determine whether to -
a) register the applicant under section 31(2) of the Act;
b) register the applicant provisionally under section 31(3) of the Act and state the terms of provisional registration;
c) impose conditions in terms of section 37 of the Act; or
d) deny the application.

 

5) The registrar must, after considering the advice contemplated in subregulation (3)(b), stipulate the approved qualifications and sites in respect of which registration or provisional registration is granted.

 

6) If an applicant is found to have knowingly submitted fraudulent, false or misleading information, the registrar must deny the application and refer the matter to the South African Police Service for investigation.

 

7) The registrar must notify the head of the relevant provincial education department of the registration or provisional registration of a private college in that province.