Higher Education Act, 1997 (Act No. 101 of 1997)

Chapter 8 : General

Purchase

(1)	Any person other than a higher education institution who, without the authority of a higher education institution—

(a)	offers or pretends to offer any higher education programme or part thereof;

(b)	purports to confer a qualification granted by a higher education institution, or in collaboration with a higher education institution; or

(c)	purports to perform an act on behalf of a higher education institution,

is guilty of an offence and is liable on conviction to a sentence which may be imposed for fraud.

(1A)	Any person contravening the provisions of section 51 or 65D is guilty of an offence and is liable on conviction to a sentence which may be imposed for fraud.

[Section 66(1A) inserted by section 39 of Notice No. 21, GG 40548, dated 17 January 2017]

(2)	Any person who pretends that a qualification has been awarded to him or her by a higher education institution, whereas in fact no such qualification has been so awarded, is guilty of an offence and is liable on conviction to a sentence, which may be imposed for fraud.

(3)	Any person who contravenes section 51(1)(a), 54(7) or 55(2) is guilty of an offence and is liable on conviction to a fine or to imprisonment not exceeding five years or to both such fine and imprisonment.

[Section 66(3) amended by section 10 of Act No. 54 of 2000]

(4)	Any private higher education institution, which does not comply with section 55(1) is guilty of an offence and is liable on conviction to a fine not exceeding R20 000.