20651

Act No. 55 of 1999: Higher Education Amendment Act, 1999

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 REPUBLIC OF SOUTH AFRICA GOVERNMENT GAZETTE STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer CAPE TOWN. 19 NOVEMBER 1999 Vo1 413 No. 20651 KAAPSTAD 19 NOVEMBER 1999 OFFICE OF THE PRESIDENCY KANTOOR VAN DIE PRESIDENSIE No. 1399. 19 November 1999 No. 1399. 19 November 1999 lt is hereby notified that the President has assented to the Hierby word bekend gemaak dat die President sy goed- following Act which is hereby published for general keuring geheg het aan die onderstaande Wet wat hierby ter information  algemene inligting gepubliseer word - No. 55 of 1999  Higher Education Amendment Act 1999. No. 55 van 1999  Wysigingswet op Hoer Onderwys. 1999. Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 2 No. 20651 GOVERNMENT GAZETTE. 19 NOVEMBER 1999 Act No. 55 1999 HIGHER EDUCATION AMENDMENT ACT 1999 GENERAL EXPLANATORY NOTE  Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. English text signed by the President. Assented to 18 November 1999. ACT To amend the Higher Education Act 1997 so as to substitute a definition to extend the period within which the CHE must submit a report to the Minister to provide that the principal is the chairperson of the senate and the registrar of a public higher education institution appointed by the council is the secretary to the council to provide that the chairperson and the vice-chairperson of the council must be elected from the external members of the council to empower a council to discriminate fairly between students who are not citizens or permanent residents and students who are citizens or permanent residents with regard to certain matters to empower the Minister to appoint an administrator for a public higher education institution where there is financial or other maladministration of a serious nature to designate the Director-General as the registrar of private higher education institutions and to empower the Minister to designate an assistant for the registrar to extend the requirements to be determined by the registrar for the registration of private higher education institutions to provide for the delegation of powers and assignment of duties by the principal of a higher education institution and the CHE and to provide for matters connected therewith. E IT EN.ACTED by the Parliament of the Republic of South Africa as B follows.- Amendment of section 1 of Act 101 of 1997 1. Section 1 of the Higher Education Act 1997 hereinafter referred to as the principal Act is hereby amended by the substitution for the definition of "registrar" of the 5 following definition  " 'registrar' means the registrar [designated by the Director-General] referred to in [terms of] section 50 1 ". Amendment of section 19 of Act 101 of 1997 2. Section 19 of the principal Act is hereby amended by the substitution for subsection 10 1 of the following subsection  " I The CHE must within [three] six months after the end of each financial year submit a report to the Minister on the performance of its functions during the past financial year.". Amendment of section 26 of Act 101 of 1997 15 3. Section 26 of the principal Act is hereby amended- Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 4 No. 20651 GOVERNMENT GAZETTE 19 NOVEMBER 1999 Act No. 55 1999 HIGHER EDUCATION AMENDMENT ACT. 1999 a by the substitution for subsection 3 of the following subsection  " 3 [A] Subject to subsection 4 a structure referred to in subsection 2 a b e f and g must elect a chairperson vice-chairperson and other office-bearers from among its members in the manner determined by the institutional statute or an Act of Parliament." and 5 b by the addition of the following subsection  " 4 Notwithstandin the rovisions of subsection 3 - a the principal is the chairperson of the senate b the registrar of the public higher education institution appointed by the council is the secretary to the council and 10 c the chairperson and the vice-chairperson of the council may not be elected from members contemplated in section 27 4 a b d e f and g .". Amendment of section 39 of Act 101 of 1997 4. Section 39 of the principal Act is hereby amended by the addition of the following 15 subsection  " 4 The policy referred to in subsection 1 may discriminate in a fair manner between students who are not citizens or permanent residents of the Republic and students who are citizens or permanent residents of the Republic.". Amendment of section 40 of Act 101 of 1997 20 5. Section 40 of the principal Act is hereby amended by the substitution for paragraph g of the following paragraph  " g money payable by students for higher education programmes provided by the institution but the council may discriminate in a fair manner between students who are not citizens or permanent residents of the Republic and students who 25 are citizens or permanent residents of the Republic when the amount payable is determined ". Insertion of section 41A in Act 101 of 1997 6. The principal Act is hereby amended by the insertion after section 41 of the following section  30 "Appointment of administrator 41A. 1 If an audit of the financial records of a ublic hi her education institution or an investigation by an independent assessor as contemplated in section 47 reveals financial or other maladministration of a serious nature at a public higher education institution or the serious undermining of 35 the effective functioning of a public higher education institution the Minister may after consultation with the council of the public higher education institution concerned if practicable and notwithstanding any other provision of this Act or a private Act of Parliament appoint a person as administrator to perform the functions relating to governance or 40 management on behalf of the institution for a period not exceeding six months. 2 The Minister may extend the period referred to in subsection 1 once for a further period not exceeding six months.". Amendment of section 50 of Act 101 of 1997 45 7. Section 50 of the principal Act is hereby amended by the substitution for subsections 1 and 2 of the following subsections  " l The Director-General [must designate an employee of the Department of Education as]~ the registrar of private higher education institutions [to perform the functions of registrar in terms of this Act]. 50 2 The [Director-General] Minister may designate any other employee of the Department of Education to assist the registrar in the performance of his or her functions in terms of this Act.". Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 6 No. 20651 GOVERNMENT GAZETTE. 19 NOVEMBER 1999 Act No. 55 1999 HIGHER EDUCATION AMENDMENT ACT 1999 Amendment of section 53 of Act 101 of 1997 8. Section 53 of the principal Act is hereby amended by the substitution in subsection I b for subparagraph iii of the following subparagraph  " iii complies with any other reasonable requirement determined by the registrar which may include a requirement that none of the words or expressions 5 "university" "technikon" or "higher education college" may appear in the name of an applicant.". Amendment of section 68 of Act 101 of 1997 9. Section 68 of the principal Act is hereby amended by the addition of the following subsections  10 " 3 The rinci al of a ublic hi her education institution ma on such conditions as he or she may determine delegate any of his or her powers under this Act and assign any of his or her duties in terms of this Act to any other employee of the public higher education institution concerned. 4 The CHE may on such conditions as it may determine delegate any of its 15 powers under this Act and assign any of its duties in terms of this Act to any of its committees or employees.". Amendment of section 76 of Act 101 of 1997 10. Section 76 of the principal Act is hereby amended by the addition of the following subsections  20 " 5 The Technikons Amendment Act 1995 Act No. 27 of 1995 is hereby repealed in its entirety. 6 The Education Policy Act 1967 Act No. 39 of 1967 is hereby repealed in its entirety.". Short title 25 11. This Act is the Higher Education Amendment Act 1999. 

OFFICE OF THE PRESIDENCY
 
 No. 1399.
 19 November 1999
 
 It is hereby notified that the President has assented to the following
Act which is hereby published for general
 
 NO. 55 OF 1999: HIGHER EDUCATION AMENDMENT ACT, 1999.
 
 GENERAL EXPLANATORY NOTE:
 
 Words in bold type indicate omissions from existing enactments.
 
 Words in italics indicate insertions in existing enactments.
 
 (English text signed by the President.)
 (Assented to 18 November 1999.)
 
 
 ACT
 
 
 To amend the Higher Education Act, 1997, so as to substitute a
definition; to extend the period within which the CHE must submit a report
to the Minister; to provide that the principal is the chairperson of the
senate and the registrar of a public higher education institution appointed
by the council is the secretary to the council; to provide that the
chairperson and the vice-chairperson of the council must be elected from
the external members of the council; to empower a council to discriminate
fairly between students who are not citizens or permanent residents and
students who are citizens or permanent residents with regard to certain
matters; to empower the Minister to appoint an administrator for a public
higher education institution where there is financial or other
maladministration of a serious nature; to designate the Director-General as
the registrar of private higher education institutions and to empower the
Minister to designate an assistant for the registrar; to extend the
requirements to be determined by the registrar for the registration of
private higher education institutions; to provide for the delegation of
powers and assignment of duties by the principal of a higher education
institution and the CHE; and to provide for matters connected therewith.
 
 BE IT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
 
Amendment of section 1 of Act 101 of 1997
 
 1. Section l of the Higher Education Act, 1997 (hereinafter referred to
as the principal Act), is hereby amended by the substitution for the
definition of "registrar" of the following definition:
 
 " 'registrar' means the registrar designated by the
 Director-General referred to in terms of section 50(1);".
 
Amendment of section 19 of Act 101 of 1997
 
 2. Section 19 of the principal Act is hereby amended by the
substitution for subsection (1) of the following subsection:
 
 "(1) The CHE must, within three six months after the end
 of each financial year, submit a report to the Minister on the
 performance of its functions during the past financial year.".
 
Amendment of section 26 of Act 101 of 1997
 
 3. Section 26 of the principal Act is hereby amended-
 
 (a) by the substitution for subsection (3) of the following subsection:
 
 "(3) A Subject to subsection (4) a structure referred to
 in subsection (2)(a), (b), (e), (f) and (g) must elect a
 chairperson, vice-chairperson and other office-bearers from among
 its members in the manner determined by the institutional statute or
 an Act of Parliament."; and
 
 (b) by the addition of the following subsection:
 
 "(4) Notwithstanding the provisions of subsection (3)- (a) the
 principal is the chairperson of the senate;
 
 (b) the registrar of the public higher education institution appointed
 by the council, is the secretary to the council; and
 
 (c) the chairperson and the vice-chairperson of the council may not be
 elected from members contemplated in section 27(4)(a), (b), (d),
 (e), (f) and (g).".
 
Amendment of section 39 of Act 101 of 1997
 
 4. Section 39 of the principal Act is hereby amended by the addition of
the following subsection:
 
 "(4) The policy referred to in subsection (1) may discriminate
 in a fair manner between students who are not citizens or permanent
 residents of the Republic and students who are citizens or permanent
 residents of the Republic.".
 
Amendment of section 40 of Act 101 of 1997
 
 5. Section 40 of the principal Act is hereby amended by the
substitution for paragraph (g) of the following paragraph:
 
 "(g) money payable by students for higher education programmes
 provided by the institution, but the council may discriminate in
 a fair manner between students who are not citizens or permanent
 residents of the Republic and students who are citizens or permanent
 residents of the Republic when the amount payable is
 determined;".
 
Insertion of section 41A in Act 101 of 1997
 
 6. The principal Act is hereby amended by the insertion after section
41 of the following section:
 
 "Appointment of administrator
 
 41A. (1) If an audit of the financial records of a public higher
 education institution, or an investigation by an independant assessor
 as contemplated in section 47, reveals financial or other
 maladministration of a serious nature at a public higher education
 institution or the serious undermining of the effective functioning of
 a public higher education institution, the Minister may, after
 consultation with the council of the public higher education
 institution concerned, if practicable, and notwithstanding any other
 provision of this Act or a private Act of Parliament, appoint a person
 as administrator to perform the functions relating to governance or
 management on behalf of the institution for a period not exceeding six
 months.
 
 (2) The Minister may extend the period referred to in subsection (1)
 once for a further period not exceeding six months.".
 
Amendment of section 50 of Act 101 of 1997
 
 7. Section 50 of the principal Act is hereby amended by the
substitution for subsections (1) and (2) of the following subsections:
 
 "(1) The Director-General must designate an employee of the
 Department of Education as is the registrar of private
 higher education institutions to perform the functions of registrar
 in terms of this Act.
 
 (2) The Director-General Minister may designate any other
 employee of the Department of Education to assist the registrar in
 the performance of his or her functions in terms of this Act.".
 
Amendment of section 53 of Act 101 of 1997
 
 8. Section 53 of the principal Act is hereby amended by the
substitution in subsection (1)(b) for subparagraph (iii) of the following
subparagraph:
 
 "(iii) complies with any other reasonable requirement determined
 by the registrar which may include a requirement that none of the
 words or expressions "university", "technikon" or "higher education
 college" may appear in the name of an applicant.".
 
Amendment of section 68 of Act 101 of 1997
 
 9. Section 68 of the principal Act is hereby amended by the addition of
the following subsections:
 
 "(3) The principal of a public higher education institution
 may, on such conditions as he or she may determine, delegate any of
 his or her powers under this Act and assign any of his or her duties
 in terms of this Act to any other employee of the public higher
 education institution concerned.
 
 (4) The CHE may, on such conditions as it may determine, delegate
 any of its powers under this Act and assign any of its duties in
 terms of this Act to any of its committees or employees.".
 
Amendment of section 76 of Act 101 of 1997
 
 10. Section 76 of the principal Act is hereby amended by the addition
of the following subsections:
 
 "(5) The Technikons Amendment Act, 1995 (Act No. 27 of 1995),
 is hereby repealed in its entirety.
 
 (6) The Education Policy Act, 1967 (Act No. 39 of 1967), is hereby
 repealed in its entirety.".
 
Short title
 
 11. This Act is the Higher Education Amendment Act, 1999.