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Act No. 39 of 2008: Higher Education Amendment Act, 2008

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 THE PRESIDENCY No. 1286 27 November 2008 It is hereby notified that the President has assented to the following Act which is hereby published for general informa tion  No. 39 of 2008  Higher Education Amendment Act 2008. Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 ACT To amend the Higher Education Act 1997 so as to make it consistent with the National Qualifications Framework Act 2008 and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa as follows  Amendment of section 1 of Act 101 of 1997 as amended by section 1 of Act 55 of 1999 section 1 of Act 54 of 2000 and section 1 of Act 63 of 2002 1. Section 1 of the Higher Education Act 1997 hereinafter referred to as the principal Act is hereby amended a by the insertion after the definition of "grade 12" of the following definition  " 'HEQF' means the Higher Education Qualifications Framework " b by the substitution for the definition of "higher education" of the following definition  " 'higher education' means all learning programmes leading to [qualifications higher than grade 12 or its equivalent in terms of the National Qualifications Framework as contemplated in the South African Qualifications Authority Act 1995 Act No. 58 of 1995 and includes tertiary education as contemplated in Schedule 4 of the Constitution] a qualification that meets the requirements of the HEQF " c by the insertion after the definition of "higher education institution" of the following definition  " 'Higher Education Qualifications Framework' means the policy on higher education a determined and published by the Minister in terms of section 3 and b referred to in section 1 b of the National Qualifications Framework Act as the sub-framework for higher education " d by the insertion after the definition of "Minister" of the following definitions  " 'National Qualifications Framework' means the National Qualifica tions Framework contemplated in the National Qualifications Frame work Act 'National Qualifications Framework Act' means the National Quali fications Framework Act 2008 " Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 Act No. 39 2008 HIGHER EDUCATION AMENDMENT ACT 2008 e by the insertion after the definition of "public higher education institution" of the following definition  " 'Quality council' has the meaning assigned to it in section 1 of the National Qualifications Framework Act 2008 " and f by the substitution for paragraph a of the definition of "to provide higher education" of the following paragraph  " a the registering of students for[ i complete qualifications at or above level 5 of the National Qualifications Framework as contemplated in the South African Qualifications Authority Act 1995 Act No. 58 of 1995 or ii such part of a qualification which meets the requirements of a unit standard as recognised by the South African Qualifications Authority at or above the level referred to in sub-paragraph i ] higher education ". Amendment of section 5 of Act 101 of 1997 as amended by section 1 of Act 38 of 2003 2. Section 5 of the principal Act is hereby amended a by the substitution in subsection 1 f for subparagraph i of the following subparagraph  " i conferred on or assigned to it in terms of this Act or the National Qualifications Framework Act " and b by the substitution in subsection 2 for paragraph a of the following paragraph  " a qualifications quality promotion and quality assurance ". Substitution of section 7 of Act 101 of 1997 as amended by section 1 of Act 23 of 2001 3. 1 The following section is hereby substituted for section 7 of the principal Act  'Qualifications quality promotion and quality assurance 7. 1 The CHE performs its functions in relation to qualifications quality assurance and quality promotion a in terms of this Act and b in its capacity as the quality council for higher education in terms of the National Qualifications Framework Act. 2 The CHE is responsible for the implementation of the HEQF. 3 The CHE must establish the Higher Education Quality Committee as a permanent committee to perform the quality assurance and quality promotion functions of the CHE in terms of this Act and the National Qualifications Framework Act. 4 The Higher Education Quality Committee may with the concurrence of the CHE establish committees to assist it in the performance of its functions. 5 The CHE may charge fees for any service rendered by the Higher Education Quality Committee to any person institution or organ of state.". 2 Despite the substitution of section 7 of the principal Act by subsection 1 the Higher Education Quality Committee that existed immediately prior to the commence ment of this section continues to exist a as if it were established in terms of section 7 3 of the principal Act and b until a Higher Education Quality Committee is established in terms of section 7 3 of the principal Act. Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 Act No. 39 2008 HIGHER EDUCATION AMENDMENT ACT 2008 Amendment of section 8 of Act 101 of 1997 as amended by section 2 of Act 23 of 2001 and section 2 of Act 63 of 2002 4. 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] eight 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 National Research Foundation established in terms of the National Research Foundation Act 1998 Act No. 23 of 1998 and the chief executive officers of SAQA and the other quality councils in their official capacities.". Amendment of section 53 of Act 101 of 1997 as amended by section 8 of Act 55 of 1999 section 7 of Act 54 of 2000 and section 16 of Act 23 of 2001 5. Section 53 of the principal Act is hereby amended by the substitution in subsection b for subparagraph ii of the following subparagraph  " ii will comply with the requirements of the [appropriate quality assurance body accredited by SAQA in terms of the South African Qualifications Authority Act 1995 Act No. 58 of 1995 ] Higher Education Quality Committee and". Amendment of section 69 of Act 101 of 1997 6. Section 69 of the principal Act is hereby amended by the deletion at the end of paragraph d of the word "and" and by the insertion of the following paragraphs  " dA the composition procedures and duration of any committee of the CHE dB the circumstances and manner in which fees for services contemplated in section 7 must be paid and". Short title 7. This Act is called the Higher Education Amendment Act 2008.

THE PRESIDENCY
 
 No. 1286
 27 November 2008
 
 It is hereby notified that the President has assented to the
following Act, which is hereby published for general information:-
 
 No. 39 of 2008: Higher Education Amendment Act, 2008.
 
 GENERAL EXPLANATORY NOTE:
 
 Words in bold type indicate omissions from existing enactments.
 
 Words underlined with a solid line indicate insertions in existing
enactments.
 
 (English text signed by the President.)
 
 (Assented to 25 November 2008.)
 
 ACT
 
 To amend the Higher Education Act, 1997, so as to make it consistent
with the National Qualifications Framework Act, 2008; 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, as amended by section 1 of
Act 55 of 1999, section 1 of Act 54 of 2000 and section 1 of Act 63 of
2002
 
 1. Section 1 of the Higher Education Act, 1997 (hereinafter referred
to as the principal Act), is hereby amended-
 
 (a) by the insertion after the definition of "grade 12" of the
 following definition:
 
 "'HEQF' means the Higher Education Qualifications
 Framework;";
 
 (b) by the substitution for the definition of "higher education" of
 the following definition:
 
 'higher education' means all learning programmes leading to
 qualifications higher than grade 12 or its equivalent in terms
 of the National Qualifications Framework as contemplated in the
 South African Qualifications Authority Act, 1995 (Act No. 58 of
 1995), and includes tertiary education as contemplated in
 Schedule 4 of the Constitution a qualification that meets
 the requirements of the HEQF:":
 
 (c) by the insertion after the definition of "higher education
 institution" of the following definition:
 
 " 'Higher Education Qualifications Framework' means the policy
 on higher education-
 
 (a) determined and published by the Minister in terms of section
 3; and
 
 (b) referred to in section 1(b) of the National Qualifications
 Framework
 Act as the sub-framework for higher education;":
 
 (d) by the insertion after the definition of "Minister" of the
 following definitions:
 
 " 'National Qualifications Framework' means the National
 Qualifications Framework contemplated in the National
 Qualifications Frame-work Act;
 
 'National Qualifications Framework Act' means the National
 Qualifications Framework Act, 2008:":
 
 (e) by the insertion after the definition of "public higher education
 institution" of the following definition:
 
 " 'quality council' has the meaning assigned to it in section
 1 of the National Qualifications Framework Act. 2008;"; and
 
 (f) by the substitution for paragraph (a) of the definition of "to
 provide higher education" of the following paragraph:
 
 "(a) the registering of students for-
 
 (i) complete qualifications at or above level 5 of the
 National Qualifications Framework as contemplated in the
 South African Qualifications Authority Act, 1995 (Act No.
 58 of 1995); or
 
 (ii) such part of a qualification which meets the requirements
 of a unit standard as recognised by the South African
 Qualifications Authority at or above the level referred to
 in sub-paragraph (i) higher education;".
 
 Amendment of section 5 of Act 101 of 1997, as amended by section 1 of
Act 38 of 2003
 
 2. Section 5 of the principal Act is hereby amended-
 
 (a) by the substitution in subsection (1)(f) for subparagraph (i) of
 the following subparagraph:
 
 "(i) conferred on or assigned to it in terms of this Act or
 the National Qualifications Framework Act;"; and
 
 (b) by the substitution in subsection (2) for paragraph (a) of the
 following paragraph:
 
 "(a) qualifications, quality promotion and quality
 assurance;".
 
 Substitution of section 7 of Act 101 of 1997, as amended by section 1
of Act 23 of 2001
 
 3. (1) The following section is hereby substituted for section 7 of
the principal Act:
 
 "Qualifications, quality promotion and quality assurance
 
 7. (1) The CHE performs its functions in relation to
qualifications, quality assurance and quality promotion-
 
 (a) in terms of this Act; and
 
 (b) in its capacity as the quality council for higher education, in
 terms of the National Qualifications Framework Act.
 
 (2) The CHE is responsible for the implementation of the HEQF.
 
 (3) The CHE must establish the Higher Education Quality Committee as
a permanent committee to perform the quality assurance and quality
promotion functions of the CHE in terms of this Act and the National
Qualifications Framework Act.
 
 (4) The Higher Education Quality Committee may. with the concurrence
of the CHE, establish committees to assist it in the performance of its
functions.
 
 (5) The CHE may charge fees for any service rendered by the Higher
Education Quality Committee to any person, institution or organ of
stale.".
 
 (2) Despite the substitution of section 7 of the principal Act by
subsection (1), the Higher Education Quality Committee that existed
immediately prior to the commencement of this section continues to exist-
 
 (a) as if it were established in terms of section 7(3) of the
 principal Act; and
 
 (b) until a Higher Education Quality Committee is established in
 terms of section 7(3) of the principal Act.
 
 Amendment of section 8 of Act 101 of 1997, as amended by section 2 of
Act 23 of 2001 and section 2 of Act 63 of 2002
 
 4. 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 eight 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 National Research Foundation established in
terms of the National Research Foundation Act, 1998 (Act No. 23 of 1998),
and the chief executive officers of SAQA and the other quality
councils, in their official capacities.".
 
 Amendment of section 53 of Act 101 of 1997, as amended by section 8
of Act 55 of 1999, section 7 of Act 54 of 2000 and section 16 of Act 23
of 2001
 
 5. Section 53 of the principal Act is hereby amended by the
substitution in subsection (1)(b) for subparagraph (ii) of the following
subparagraph:
 
 "(ii) will comply with the requirements of the appropriate quality
assurance body accredited by SAQA in terms of the South African
Qualifications Authority Act, 1995 (Act No. 58 of 1995) Higher
Education Quality Committee; and".
 
 Amendment of section 69 of Act 101 of 1997
 
 6. Section 69 of the principal Act is hereby amended by the deletion
at the end of paragraph (d) of the word "and" and by the insertion of the
following paragraphs:
 
 "(dA) the composition, procedures and duration of any committee of
the CHE; (dB) the circumstances and manner in which fees for services
contemplated in section 7 must be paid; and".
 
 Short title
 
 7. This Act is called the Higher Education Amendment Act, 2008.