Higher Education Amendment Act in Effect

Department of Higher Education and Training

The Higher Education Amendment Act came into force on 22 September 2017.

President Zuma assented to the act at the beginning of 2017.

Parliament gave the green light to the bill in November last year.

The act seeks to:

•    provide for the insertion of new definitions;
•    provide for the determination of transformation goals and oversight mechanisms for the public higher education system;
•    provide for the development of articulation and recognition of prior learning frameworks;
•    provide for the conversion of public higher education institutions;
•    provide for the powers of the council of a public higher education institution to invest funds;
•    provide further for the issuing of Ministerial directives;
•    provide for indemnification of an independent assessor;
•    provide for the indemnification and termination of the term of office of an administrator;
•    provide for different categories of registration of private higher education institutions and the associated rights; and
•    provide for the withdrawal and revocation of qualifications by public higher education institutions.

All sections of the act came into force apart from section 33 which will come into effect on a date still to be determined.

Section 33 sets out the grounds on which a private education institution may refer to itself as a university, university college or higher education college.

The commencement notice was published in Government Gazette 41132.

Meanwhile, in Notice 1013 in the same Gazette, the higher education and training department has called for comment on the Draft National Policy on Annual Reporting and Submission of Annual Performance Reports by Community Education and Training Colleges.

Comment is invited within 21 days of the date of publication.

Sabinet Cape Town Office

Related legislation: