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Act No. 39 of 2008: 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.