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

Regulations

Regulations for the Registration of Private Higher Education Institutions, 2016

Chapter 1 : Definitions

1. Definitions

 

In these regulations any word or expression to which a meaning has been assigned in the Higher Education Act, 1997 (Act No. 101 of 1997) has the same meaning and, unless the context otherwise indicates—

 

"accreditation"

means accreditation as determined by the HEQC;

 

"amendment"

means an alteration in the conditions of registration or provisional registration of an institution in terms of section 61 of the Act;

 

"application for amendment"

means an application made in terms of section 58 of the Act;

 

"application for conversion"

means an application to convert provisional registration as contemplated in regulation 5;

 

"approved programme"

means a programme that complies with the requirements of the Act and which is approved by the registrar in terms of the regulations;

 

"condition"

means a stipulation or directive imposed by the registrar on an institution in terms of section 60 of the Act;

 

"foreign applicant"

means an applicant who is a foreign juristic person as defined in the Act;

 

"HEQC"

means the Higher Education Quality Committee of the Council on Higher Education;

 

"institution"

means a private higher education institution that is registered or provisionally registered in terms of the Act;

 

"joint use"

means the sharing, hiring or use of another facility not under the administration and control of the hiring institution for the provision of higher education as defined in section 1 of the Act;

 

"NQF"

means the National Qualifications Framework as contemplated in the National Qualifications Act Framework Act, 2008 (Act No. 67 of 2008);

 

"parent institution"

means a foreign higher education institution to which a foreign applicant is legally, commercially or academically subordinate or on which it is otherwise dependant;

 

"partnership"

means an agreement between two or more parties on the provision of higher education as defined in section 1 of the Act;

 

"programme"

means the purposeful and structured set of learning experiences that leads to a qualification as defined in the Higher Education Qualifications Sub-Framework (HEQSF) published under Government Notice No. 36721 of 2 August 2013;

 

"qualification"

means the formal recognition and certification of learning achievement awarded by a registered institution as defined in the HEQSF;

 

"registered programme"

means a programme approved by the registrar In terms of regulation 14( 4) and (5) and included in a registration certificate in terms of regulation 20;

 

"registration"

means the granting of an application to operate as a private higher education institution in terms of the Act, offering such programmes leading to registered qualifications on such sites as the registrar may approve in terms of these regulations;

 

"requirements"

means the prescribed criteria contemplated in chapter 3 of these regulations or any other criteria prescribed in the Act that an applicant or institution must fulfil in order to be registered or maintain registration;

 

"site"

means any physical space such as a campus, satellite campus, tuition or learning centre controlled and administered by an applicant or an institution;

 

"the Act"

means the Higher Education Act, 1997 (Act No. 101 of 1997) and any regulations or policy determined in terms of or under the Act;

 

"tuition"

means teaching and learning support.