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Act No. 23 of 2001: Higher Education Amendment Act, 2001

THE PRESIDENCY
 
 No. 1104
 2 November 2001
 
 It is hereby notified that the President has assented to the following
Act, which is hereby published for general information:-
 
 No. 23 of 2001: Higher Education Amendment Act, 2001.
 
 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 30 October 2001.)
 
 
 ACT
 
 
 To amend the Higher Education Act, 1997, so as to provide that the
Higher Education Quality Committee is deemed to be accredited as an
Education and Training Quality Assurance Body; to provide for the
establishment of interim councils for new, declared or merged public higher
education institutions; to provide for the dissolution of the council of a
public higher education institution if 75 per cent or more of the members
resign, and for the constitution of a new council; to provide for a seat
for a public higher education institution; to provide for the conferring of
degrees and honorary degrees by a public higher education institution; to
provide for the repeal of the Certification Council for Technikon Education
Act 1986, the universities' Private Acts and certain obsolete Acts; to make
certain textual alterations; and to provide for matters connected herewith.
 
 BE IT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
 
Amendment of section 7 of Act 101 of 1997
 
 1. Section 7 of the Higher Education Act, 1997 (hereinafter referred to
as "the principal Act"), is hereby amended by the insertion after
subsection (1) of the following subsection:
 
 "(1A) The Higher Education Quality Committee is deemed to be
 accredited by SAQA as an Education and Training Quality Assurance body
 primarily responsible for higher education.".
 
Amendment of section 8 of Act 101 of 1997
 
 2. Section 8 of the principal Act is hereby amended by the substitution
for subsection (6) of the following subsection
 
 "(6) The Minister must appoint six non-voting members of the CHE
 nominated respectively by the Director-General, the Provincial Heads of
 Education, the Director-General of the Department of Arts, Culture,
 Science and Technology, the Director-General of the Department of
 Labour, the Foundation for Research Development, established in
 terms of the Research Development Act, 1990 (Act No. 75 of 1990), the
 Centre for Science Development of the Human Sciences Research Council,
 established in terms of the Human Sciences Research Act, 1968 (Act No.
 23 of 1968) the National Research Foundation established in
 terms of the National Research Foundation Act, 1998 (Act No 23 of
 1998), and SAQA ".
 
Amendment of section 17 of Act 101 of 1997
 
 3. Section 17 of the principal Act is hereby amended by the
substitution for paragraph (b) of the following paragraph:
 
 "(b) in the case of the chairperson chairpersons of
 the CHE and the Higher Education Quality Committee, such
 additional remuneration,".
 
Amendment of section 20 of Act 101 of 1997
 
 4. Section 20 of the principal Act is hereby amended- (a) by the
deletion of subsection (2); and (b) by the addition of the following
subsections:
 
 "(6) The Minister must in the notice contemplated in subsection
 (1) establish an interim council for a period not exceeding six months,
 to perform the functions relating to the governance of the institution,
 except the making of an institutional statute.
 
 (7) The Minister may extend the period referred to in subsection (6)
 once for a further period not exceeding six months.
 
 (8) The members of the interim council contemplated in subsection
 (6) are appointed by the Minister and consist of-
 
 (a) the chairperson; and
 
 (b) four other members.
 
 (9) The interim council must co- opt three members of the interim
 management contemplated in subsection (10)(a) and these co-opted
 members have no voting powers.
 
 (10) Apart from the functions contemplated in subsection (6), the
 interim council must in particular-
 
 (a) appoint an interim body to manage the day-to-day activities of
 the institution;
 
 (b) ensure that a council is constituted in terms of the standard
 institutional statute contemplated in section 33(3); and
 
 (c) ensure that such other structures as may be determined in the
 standard institutional statute contemplated in section 33(3) are
 constituted.
 
 (11) Any decision of the interim council which may affect the right
 of any structure of the public higher education institution, may only
 be taken after consultation with such structure.".
 
Amendment of section 21 of Act 101 of 1997
 
 5. Section 21 of the principal Act is hereby amended by the insertion
after subsection (3) of the following subsection:
 
 "(3A) Section 20(6) to (11), with the changes required by the
 context, applies to a declaration referred to in subsection
 (1)(a).".
 
Amendment of section 23 of Act 101 of 1997
 
 6. Section 23 of the principal Act is hereby amended by the addition of
the following subsections:
 
 "(5) The Minister must in the notice contemplated in subsection
 (1) establish an interim council for a period not exceeding six months,
 to perform the functions relating to the governance of the single
 public higher education institution contemplated in subsection (1),
 except the making of an institutional statute.
 
 (6) The Minister may extend the period referred to in subsection (5)
 once for a further period not exceeding six months.
 
 (7) The members of the interim council contemplated in subsection
 (S) are appointed by the Minister and consist of-
 
 (a) the chairperson; and
 
 (b) four other members.
 
 (8) The four members contemplated in subsection (7)(b) -
 
 (a) must be appointed by the Minister from nominations received from
 the public higher education institutions concerned; and
 
 (b) may not include any member of staff, or student, from the public
 higher education institutions concerned.
 
 (9) The interim council must co-opt three members of the interim
 management contemplated in subsection (10)(a) and these members have no
 voting powers.
 
 (10) Apart from the functions contemplated in subsection (5) the
 interim council must in particular-
 
 (a) appoint an interim body to manage the day-to-day activities of
 the institution;
 
 (b) ensure that a council is constituted in terms of the standard
 institutional statute contemplated in section 33(3); and
 
 (c) ensure that such other structures as may be determined in the
 standard institutional statute contemplated in section 33(3) are
 constituted.
 
 (11) Any decision of the interim council which may affect the right
 of any structure of the public higher education institution, may only
 be taken after consultation with such structure.".
 
Amendment of section 26 of Act 101 of 1997, as amended by section 3 of Act
55 of 1999
 
 7. Section 26 of the principal Act is hereby amended by the
substitution for subsection (3) of the following subsection:
 
 "(3) 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.".
 
Amendment of section 27 of Act 101 of 1997
 
 8. Section 27 of the principal Act is hereby amended-
 
 (a) by the substitution for subsection (1) of the following subsection:
 
 "(1) The council of a public higher education institution must
 govern the public higher education institution, subject to this Act,
 any other law and the institutional statute.", and
 
 (b) by the addition of the following subsections:
 
 "(8) If 75 per cent or more of the members of the council of a
 public higher education institution resign at a meeting of council, it
 is deemed that the council has resigned.
 
 (9) If a council resigns as contemplated in subsection (8) a new
 council must be constituted in terms of the institutional statute of
 the public higher education institution.".
 
Amendment of section 28 of Act 101 of 1997
 
 9. Section 28 of the principal Act is hereby amended by the
substitution for subsection (3) of the following subsection:
 
 "(3) The number of persons contemplated in subsection (2)(b), (c),
 (d), (e), (f) and (g) and the manner in which they are appointed or
 elected, as the case may be, must be determined by the institutional
 statute or an Act of Parliament.".
 
Amendment of section 29 of Act 101 of 1997
 
 10. Section 29 of the principal Act is hereby amended by the
substitution for subsection (4) of the following subsection:
 
 "(4) The