Higher Education Laws Amendment Act

1. Section I of the Higher Education Act, 1997. is hereby amended by- (a) the substitution for the definition of "Department of Education" of the following definition: .. 'Department of Education' means the [Government department responsible for education at national level] Department of Higher 10 Education and Training; H; (b) the substitution for the definition of "Director-General" of the following definition: 4 No. 33855 GOVERNMENT GAZETTE, 7 DECEMBER 2010 Act No, 26 of 2010 HIGHER EDUCATION LAWS AMENDMENT ACT, 2010 .. 'Director-General' means the Director-General of the Department of Higher Education and Training;"; and (e) thc substitution for the definition of "Minister" oflhe following definition: "'Minister' means the Minister of Higher Education and Training;". Substitution of section 51 of Act 101 ofl997, as substituted by section 6 ofAct 54 of 2000 5

2. The following section is hereby substituted for section 51 of the Higher Educalion Act, 1997: "Registration of private higher education institutions 51. ill No person other than a public higher education inslitution or an 10 organ of slale may provide higher educatioo uoless that person is- (a) (b) in thc prescribed manner, registered or conditiooally registered as a private higher educatioo institution in terms of this Act; and registered or recognised as a juristic person in terms of the Companies Act, 1973 (Act No. 61 of 1973), before such person is registered or conditionally regislered [as contemplated in] in accordancc with paragraph (a), (2) If the person contemplated in subsection (I) is a foreign juristic person, that person must ensure that any qualification or part-qualification olTercd within the Republic is registered on the sub-framework for higher 20 education on the National Qualifications Framework contemplated in section 7(h) read with section 13(1)(h) of the National Qualifications Framework Act." . 15 Insertion of section 650 in Act 101 of 1997

3. The following section is hereby inserted in the Higher Education Act, 1997. after 25 section 65C: "Qualifications registered on National Qualifications Framework 650. (I) No person may olTer, award or confer a degree, or a higher education diploma or a higher education certificate, provided for on the HEQF unless such degree, diploma or certificate is registered on the 30 sub-framework for higher education on the National Qualifications Framework contemplated in section 7(h) read with section 13(1)(h) of the National Qualifications Framework Act. (2) Notwithstanding subsection (1), a public higher education institution intending to olTer any education programme or trade and occupational 35 learning programme that leads to a qualification or part-qualification on the sub-framework for trade and occupation contemplated in section 7(e) of the National Qualifications Framework Act may olTer the qualification or part-qualification subject to--- (a) (h) the approval of the Minister; and compliance with any condition set by the Minister,", 40 Amendment of section 1 of Act 97 of 1998, as amended by section 23 of Act 9 of 1999, section I of Act 31 of 2003 and section 1 of Act 37 of 2008

4. Section I of the Skills Development Act, 1998, is hereby amended by- (a) the substitution for definition: the definition of "Department" of the following 45 " 'Department' means the Department of [Labour] Higher Education and Training, except in- (a) sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with respect to Productivity South Africa established by section 26K), 50 6 No. 33855 GOVERNMENT GAZETTE, 7 DECEMBER 2010 Act No, 26 or 2010 HtGHER EDUCATION LAWS AMENDMENT AC'T, 2010 (b) 22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2),36(0), (p) and (q), item 7 of Schcdule 2A and Schedule 4; and sections 32(1), 33 and 36(a) and (s) and any other provision to the extent that these provisions apply to 'cmployment services' defined in section 1 or to Productivity South Africa established by section 26K, but excluding section 23(1)(b) and (c), 5 where it means the Department of Labour;"; (b) the substitution for the definition of "Director-General" of the following definition: "'Director-General' means the Director-General of [Labour] Higher 10 Education and Training;"; and (e) the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of [Labour] Higher Education and Training, except in- (a) sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) (only with 15 respect to Productivity South Africa established by section 26K), 22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K, 26L, 26M, 26N, 32(2),36(0), (p) and (q), item 7 of Schedule 2A and Schedule 4; and sections 32(1), 33 and 36(a) and (s) and any other provision to the extent that these provisions apply to 'employment services' defined 20 in scction 1 or to Productivity South Africa established by section 26K, but excluding section 23(1)(b) and (e), (b) where it means the Minister of Labour;" . Amendment of section 26 of Act 97 of 1998, as inserted by section 11 of Act 37 of 2008 25 5, Section 26G of the Skills Development Act, 1998, is hereby amended by the substitution for subsection (5) of the following subsection: "(5) l£l The Minister must appoint the chief executive officer of the QCTO on the recommendation of the members of the OCTO. (b) If the Minister docs not agree with the recommendation of the members 30 of the QCTO, they must make another recommendation for consideration by the Minister. (c) The QCTO must appoint such number of employees to assist the QCTO in the pertonnance of its functions as it may deem necessary. (d) Despite paragraph (a), the QCTO is the employer of the executive 35 officcr and employees and must dctermine their rcmuncration, allowances. subsidies and other conditions of service. (e) Staff identified in posts on the establishment of the Department who immediately before the commencement of the Higher Education Laws Amendment Act, 2010, performs functions relating to the administrative 40 management of the QCTO may, subject to section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995), be appointed or transferred to the OCTO.". Amendment of Schedule 3 to Act 97 of 1998, as added by section 16 of Act 37 of 2008 6, Schedule 3 to the Skills Development Act, 1998, is hereby amended by- 45 (a) (b) the substitution in item 1(1) for paragraph (b) of the following paragraph: "(b) the chief executive officer of the SAQA;"; and the substitution in item 1(1) for paragraphs (d) and (e) of the following paragraphs, respectively: "(d) the chief executive officer of the QCTO; (e) the chief executive [director] officer of the [Higher Education Quality Committee] Council on HigiierEducation established in terms of section [7]:! of the Higher Education Act, 1997 (Act No. 101 of 1997);". 50 8 No. 33855 GOVERNMENT GAZETTE, 7 DECEMBER 2010 Act No, 26 of 2010 HIGHER EDUCATION LAWS AMENDMENT ACT, 2010 Amendment of section 1 of Act 56 of 1999, as amended by section 13 of Act 31 of 2007

7. Section 1 of the National Student Financial Aid Scheme Act, 1999, is hereby amended by- (a) the definition of "Department" of the following the substitution for definition: "'Department' means the [government department responsible for education at national level) Department of Higher Education and Train i!!g;"; and the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of Higher Education and Training;". 5 10 (h) Amendment of section 1 of Act 67 of 2008

8. Section 1 of the National Qualifications Framework Act, 2008, is hereby amended- (a) by the substitution for the definition of "Minister" of the following 15 definition: "'Minister' means the Minister of Higher Education and Training;"; and (h) by the repeal of the definition of "relevant Minister". Substitution of section 3 of Act 67 of 2008

9. The following section is hereby substituted for section 3 of the National 20 Qualifications Framework Act, 2008: "Application of Act 3. ill This Act applies to- (a) education programmes or learning programmes that lead to qualifica- tions or part-qualifications olTered within the Republic by- 25 (i) (ii) education institutions; and skills development providers; and (b) professional designations, subject to the limitations prescribed in this Act. (2) Every qualification or part-qualification contemplated in subsection 30 (1) must be registered on the National Qualifications Framework in accordance with this Act.". Amendment of section 8 of Act 67 of 2008

10. Section 8 of the National Qualifications Framework Act, 2008, is hereby amended- (a) by the substitution in subsection (1) for paragraph (c) of the following paragraph: "(c) QC for General and Further Education and Training, [and) the QC for Higher Education and the QC for Trades and Occupations contemplated in Chapter 5."; by the substitution in subsection (2) for paragraphs (h) and (c) of the following paragraphs, respectively: "(b) determine policy on NQF matters in terms of this Act[, after consultation witb the Minister of Labour,] and pnblish the policy in the Gazette; [after consultation with the Minister of Labour,] publish guidelines which set out the government's strategy and priorities for the NQF, and which may be updated annually;"; (c) by the substitution in subsection (2) for paragraphs (e) and (f) of the following paragraphs, respectively: "(e) [determine,) after considering advice trom the SAQA [and after consultation with the Minister of Labour), determine the sub- (b) (c) 35 40 45 50 10 No. 33855 GOVERNMENT GAZETTE. 7 DECEMBER 2010 Act No. 26 of 2010 HIGHER EDUCATION LAWS AMENDMENT ACT. 2010 Cf) frameworks coniempialed in section 7 [(a) and (b), respectively,] and publish them in the Gazette; and determine. by regulation in the Gazette, [after consultation with the Minister of Labour,] the process by which a dispute involving the SAQA or a QC must be resolved, and any matter relating thereto."; and (d) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words: "The Minister[, after consultation with the Minister of Labour,] must-". 5 Repeal of section 9 of Act 67 of 2008

11. Section 9 of the National Qualifications Framework Act, 2008, is hereby repealed. 10 Amendment of section 13 of Act 67 of 2008

12. Section 13 of the National Qualifications Framework Act, 2008, is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: "(b) advise the Minister [and the Minister of Labour] on NQF matters in terms 15 of this Act.". Amendment of section 14 of Act 67 of 2008 13, Section 14 of the National Qualifications Framework Act, 2008, is hereby amended by the substitution in subsection (2) for paragraph (a) of the following paragraph: 20 "(a) 12 members appointed in their personal capacities by the Minister [after consultation with the Minister of Labour];". Amendment of section 27 of Act 67 of 2008 14, Section 27 of the National Qualifications Framework Act, 2008, is hereby amended- 25 (a) by the substitution for paragraphs (e) and (1) of the following paragraphs, respectively: "(e) develop and manage its sub-framework, and make recommendations (f) thereon to the [relevant] Minister; advise the [relevant] Minister on matters relating to its sub-frame- 30 work;"; and (b) by the substitution in paragraph (k) for subparagraph Civ) of the following subparagraph: "(iv) perform any function consistent with this Act that the [relevant] Minister may determine." . 35 Substitution of long title of Act 67 of 2008

15. The following long title is hereby substituted for the long title of the National Qualifications Framework Act, 2008: "To provide for the National Qualifications Framework; to provide for the responsibilities of the Minister of Higher Education and [the Minister of 40 Labour] Training; to provide for the South African Qualifications Authority; to provide for Quality Councils; to provide for transitional arrangements; to repeal the South African Qualifications Authority Act, 1995; and to provide for matters connected therewith.". Short title 45

16. This Act is the Higher Education Laws Amendment Act, 2010.