Continuing Education and Training Act, 2006 (Act No. 16 of 2006)Chapter 1 : Definitions, Purpose and Application of Act1. Definitions |
In this Act, unless the context indicates otherwise—
"academic board"
means the body contemplated in section 11;
"applicant"
means a person who makes an application contemplated in section 29;
"auditor"
means a person registered in terms of the Auditing Profession Act, 2005 (Act No. 26 of 2005);
"Basic Conditions of Employment Act"
means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);
"college"
means—
(a) | a public college that is established or declared as— |
(i) | a technical and vocational education and training college; or |
(ii) | a community education and training college; or |
(b) | a private college that is established, declared or registered under this Act, but does not include a college under the authority of a government department other than the Department; |
[Definition substituted by section 1(a) of Act No. 1 of 2013]
"college statute"
means policy, code of conduct and any other rules developed by a council in accordance with this Act;
"continuing education and training"
means all learning and training programmes leading to qualifications or part-qualifications at levels 1 to 4 of the National Qualifications Framework contemplated in the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), provided for at a college in term of this Act;
[Definition inserted by section 1(b) of Act No. 1 of 2013]
"council"
means the governing structure of a public college;
"Department"
means the Department of Higher Education and Training;
[Definition substituted by section 9(b) of Act No. 25 of 2010]
"Director-General"
means the Director-General of the Department;
"Employment Equity Act"
means the Employment Equity Act, 1998 (Act No. 55 of 1998);
"financial year"
in respect of a college means a year commencing on the first day of January and ending on the 31st day of December of the same year;
"foreign juristic person"
means a person that is—
(a) | registered or established as a juristic person in terms of a law of a foreign country; and |
(b) | recognised or registered as an external company in terms of the Companies Act, 1973 (Act No. 61 of 1973); |
"further education and training"
[Definition deleted by section 1(c) of Act No. 1 of 2013]
"general education"
[Definition deleted by section 1(c) of Act No. 1 of 2013]
"Head of Department"
[Definition deleted by section 1(a) of Act No. 3 of 2012]
"higher education"
means higher education as defined in the Higher Education Act, 1997 (Act No. 101 of 1997);
"Institute"
means the South African Institute for Vocational and Continuing Education and Training established by the Minister in terms of section 43A;
[Definition inserted by section 1(d) of Act No. 1 of 2013]
"Labour Relations Act"
means the Labour Relations Act, 1995 (Act No. 66 of 1995);
"lecturer"
means any person who teaches, educates or trains other persons or who provides professional educational services at any college, and who is appointed in a post on any lecturer establishment under this Act;
"local juristic person"
means a person established as a juristic person in South Africa in terms of the Companies Act, 1973 (Act No. 61 of 1973);
"management staff"
means the principal and vice-principal of a public college;
"Member of the Executive Council"
[Definition deleted by section 1(b) of Act No. 3 of 2012]
"Minister"
means the Minister of Higher Education and Training;
[Definition substituted by section 9(c) of Act No. 25 of 2010]
"National Qualifications Framework"
means the national qualifications framework contemplated in Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
[Definition substituted by section 1(e) of Act No. 1 of 2013]
"NBFET"
means the National Board for Further Education and Training, established by regulation in terms of section 11 of the National Education Policy Ac t, 1996 (Act No. 27 of 1996);
"organ of state"
means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;
"policy"
means—
(a) | policy determined by the Minister in terms of the National Education Policy Act, 1996 (ActNo. 27 of 1996); |
(b) | [Paragraph (b) deleted by section 1(c) of Act No. 3 of 2012] |
"prescribed"
means prescribed by regulation made in terms of section 51;
"principal"
means the chief executive and accounting officer of a public college, and includes a rector of a public college;
"private college"
means any college that provides continuing education and training on a full-time, part- time or distance basis and which is registered or provisionally registered as a private college under Chapter 6 of this Act;
[Definition substituted by section 1(f) of Act No. 1 of 2013]
"PSCBC"
means the Public Service Coordinating Bargaining Council established in terms of the Labour Relations Act;
"public college"
means any college that provides continuing education and training on a full-time, part-time or distance basis and which is—
(a) | established or regarded as having been established as a public college under section 3 of this Act; or |
(b) | declared as a public college under section 4 of this Act; and |
[Definition substituted by section 1(g) of Act No. 1 of 2013]
"Public Service Act"
means the Public Service Act, 1994 (Proclamation 103 of 1994);
"SAQA"
means the South African Qualifications Authority, established by section 10 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
[Definition substituted by section 1(d) of Act No. 3 of 2012]
"school"
means a school as defined in the South African Schools Act;
"South African Schools Act"
means the South African Schools Act, 1996 (Act No. 84 of 1996);
"staff"
means persons employed at a public college;
"student"
means any person registered as a student at a college;
"support staff"
includes staff who render—
(a) | academic support services; |
(b) | student support services; |
(c) | human resource management; |
(d) | financial management; |
(e) | administration; |
(f) | maintenance of the buildings and gardens; |
(g) | catering services; and |
(h) | security services; |
"this Act"
includes any regulation made in terms of section 51;
"to provide continuing education and training"
means—
(a) | to register students for all learning and training programmes leading to qualifications or part-qualifications at levels 1 to 4 of the National Qualifications Framework provided for at a college in terms of this Act; and |
(b) | to take responsibility for the registration of students, the provision and delivery of the curriculum and the assessment of students; |
[Definition substituted by section 1(h) of Act No. 1 of 2013]
"Umalusi"
means the council established by section 4 of the General and Further Education and Training Quality Assurance Ac t, 2001 (Act No. 58 of 2001);
"vice-principal"
includes a vice-rector