Public Service Commission Act, 1997
R 385
Higher Education Act, 1997 (Act No. 101 of 1997)Chapter 3 : Public Higher Education Institutions20. Establishment of public higher education institutions |
| (1) | The Minister may, after consulting the CHE, by notice in the Gazette and from money appropriated for this purpose by Parliament— |
| (a) | establish a public university, public university college or a public higher education college; or |
| (b) | with the concurrence of the council of a public higher education institution, convert that institution, or a subdivision of that institution, into a public university or a public university college. |
[Section 20(1) substituted by section 5(a) of Notice No. 21, GG 40548, dated 17 January 2017]
| (2) | The Minister may, after consultation with the CHE and with the concurrence of the governance body of a private education institution, by notice in the Gazette and from money appropriated for this purpose by Parliament, declare an institution, or subdivision of an institution to be a public university, public university college or public higher education college. |
[Section 20(2) inserted by section 5(b) of Notice No. 21, GG 40548, dated 17 January 2017]
| (3) | The notice contemplated in subsection (1) must determine— |
| (a) | the date of establishment of the institution; |
| (b) | the type and name of the institution; and |
| (c) | the physical location and official address of the institution. |
| (4) | Every public higher education institution established, merged, converted, deemed to have been established, or declared as a public higher education institution under this Act, is a juristic person. |
[Section 20(4) substituted by section 5(c) of Notice No. 21, GG 40548, dated 17 January 2017]
| (5) | Notwithstanding subsection (4), a public higher education institution may not, without the concurrence of the Minister, dispose of or alienate in any manner, any immovable property acquired with the financial assistance of the State or grant to any person any real right therein or servitude thereon. |
| (5A) | The Minister may, in the notice contemplated in subsection (1) and with the concurrence of the council of another public higher education institution, determine— |
| (a) | certain functions which the newly established or converted public higher education institution must perform under the supervision of the other public higher education institution; and |
| (b) | the terms, conditions and period applicable to such supervision. |
[Section 20(5A) inserted by section 5(d) of Notice No. 21, GG 40548, dated 17 January 2017]
| (6) | The Minister must in the notice contemplated in subsection (1) establish an interim council for a period not exceeding six months, to perform the functions relating to the governance of the institution, except the making of an institutional statute. |
[Section 20(6) inserted by section 4 of Act No. 23 of 2001]
| (7) | The Minister may extend the period referred to in subsection (6) once for a further period not exceeding six months. |
[Section 20(7) inserted by section 4 of Act No. 23 of 2001]
| (8) | The members of the interim council contemplated in subsection (6) are appointed by the Minister and consist of— |
| (a) | the chairperson; and |
| (b) | four other members. |
[Section 20(8) inserted by section 4 of Act No. 23 of 2001]
| (9) | The interim council must co-opt three members of the interim management contemplated in subsection (10)(a) and these co-opted members have no voting powers. |
[Section 20(9) inserted by section 4 of Act No. 23 of 2001]
| (10) | Apart from the functions contemplated in subsection (6), the interim council must in particular— |
| (a) | appoint an interim body to manage the day-to-day activities of the institution; |
| (b) | ensure that a council is constituted in terms of the standard institutional statute contemplated in section 33(3); and |
| (c) | ensure that such other structures as may be determined in the standard institutional statute contemplated in section 33(3) are constituted. |
[Section 20(10) inserted by section 4 of Act No. 23 of 2001]
| (11) | Any decision of the interim council, which may affect the right of any structure of the public higher education institution, may only be taken after consultation with such structure. |
[Section 20(11) inserted by section 4 of Act No. 23 of 2001]
