| (b) |
may, when considering the application, differentiate between a 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 |
| (c) |
may register the applicant as a private higher education institution if the requirements for registration contemplated in section 53 are fulfilled. |
[Section 54(1) amended by section 8 of Act No. 54 of 2000]
| (2) |
If the registrar decides – |
| (a) |
to grant the application, the registrar must— |
| (i) |
enter the applicant’s name in the appropriate register of private higher education institutions; |
| (ii) |
issue a certificate of registration, stating the terms of such registration; |
| (iii) |
provide the certificate to the applicant; and |
| (iv) |
as soon as practicable after the decision, publish the certificate of registration in the Gazette; or |
| (b) |
not to grant the application, the registrar must advise the applicant in writing of the decision and provide the applicant with written reasons for his or her decision. |
| (3) |
Notwithstanding subsection (1), the registrar may provisionally register an applicant, other than a foreign juristic person,who does not fulfill the requirements for registration contemplated in section 53 if the registrar believes that the applicant will be able to fulfill the relevant requirements within a reasonable period. |
[Section 54(3) amended by section 17 of Act No. 23 of 2001]
| (4) |
If the registrar provisionally registers an applicant under subsection (3), the registrar must— |
| (a) |
determine the period within which the applicant must satisfy the requirements for registration; |
| (b) |
enter the applicant's name in the appropriate register of private higher education institutions; |
| (c) |
issue a certificate of provisional registration, stating the terms and the duration of such registration; |
| (d) |
provide the certificate of provisional registration to the applicant; and |
| (e) |
as soon as practicable after the decision, publish the certificate of provisional registration in the Gazette. |
[Section 54(4) amended by section 17 of Act No. 23 of 2001]
| (5) |
The registrar may on good cause shown extend the period referred to in subsection (4)(a). |
| (6) |
If, on the expiry of the period referred to in subsection (4)(a) or any extension thereof, the applicant— |
| (a) |
satisfies the requirements for registration specified by the registrar, the registrar must register the applicant in accordance with subsection (2)(a); or |
| (b) |
fails to satisfy the requirements for registration specified by the registrar, the applicant's provisional registration lapses. |
[Section 54(6)(b) amended by section 17 of Act No. 23 of 2001]
| (7) |
No independent school as defined in the South African Schools Act, 1996 (Act No. 84 of 1996), and no other private education institution may call itself a university, university college or higher education college, or use such wording in its name, unless it is registered— |
| (a) |
in terms of Chapter 7; and |
| (b) |
in the particular category of institutions which, in accordance with the Regulations, may call themselves universities, university colleges or higher education colleges, as the case may be. |
[Section 54(7) substituted by section 33(a) of Notice No. 21, GG 40548, dated 17 January 2017 - still to be commenced, refer Notice 1012, GG 41132, dated 22 September 2017]
| (8) |
Only a private higher education institution registered as a university or university college in accordance with subsection (7)(b) may confer a professorship or an honorary degree, or use the title of chancellor and vice-chancellor for its titular head and its principal, respectively. |
[Section 54(8) inserted by section 33(b) of Notice No. 21, GG 40548, dated 17 January 2017 - still to be commenced, refer Notice 1012, GG 41132, dated 22 September 2017]
Stamp Duties Act, 1968 (Act 77 of 1968)
