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Continuing Education and Training Act, 2006 (Act No. 16 of 2006)

Schedules

Schedule 1 : Standard College Statute (Section 18)

Definitions and Application

1. Definitions

 

 

In this Statute, unless the context indicates otherwise, any word or expression to which   a meaning has been ascribed in section 1 of the Act bears the meaning so ascribed, and—

 

In this Statute, unless the context indicates otherwise—

 

"academic board"

means the body contemplated in section 11 of the Act;

 

"auditor"

means any person registered in terms of the Auditing Professions Act, 2005 (Act 26 of 2005);

 

"college"

means the college referred to in section 3;

 

"council"

means the governing structure of the college;

 

"Department"

means the Department of Higher Education and Training;

[Definition of 'Department' substituted by section 33 (a) of Act 3 of 2012.]

 

"Director-General"

rreans the Director-General of the Department;

 

"external person"

means a person referred to in section 10 (8) of the Act;

 

"financial year"

in respect of the 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—

(i)        registered or established as a juristic person in terms of a law of a foreign country;  and

(ii)        recognised or registered as an external company in terms of the Companies Act, 1973 (Act 61 of 1973);

 

"further education and training"

[Definition of 'further education and training' deleted by section 21 (b) of Act 1 of 2013.]

 

"further education and training college"

[Definition of 'further education and training college' deleted by section 21 (b) of Act 1 of 2013.]

 

"general education"

means the compulsory school attendance phase referred to in section 3 of the South African Schools Act;

 

"Head of Department"

[Definition of 'Head of Department' deleted by section 33 (b) of Act 3 of 2012.]

 

"higher education"

means higher education as defined in the Higher Education Act, 1997 (Act 101 of 1997);

 

"institutional statute"

means policy, a code of ethics and any rules developed by the council consistent with the Act;

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act 66 of 1995);

 

"lecturer"

[Definition of 'lecturer' deleted by section 33 (c) of Act 3 of 2012.]

 

"local juristic person"

means a person established as a juristic person in South Africa in terms of the Companies Act , 1973 (Act 61 of 1973);

 

"management"

means the principal and vice-principal of the college;

 

"MEC"

[Definition of 'MEC' deleted by section 33 (d) of Act 3 of 2012.]

 

"Minister"

means the Minister of Higher Education and Training;

[Definition of 'Minister ' substituted by section 33 (e) of Act 3 of 20 12.]

 

"National Qualifications Frameworks"

means the National Qualifications Framework contemplated in the National Qualifications Framework Act, 2008 (Act 67 of 2008);

[Definition of 'National Qualifications Framework' substituted by section 33 (f) of Act 3 of 2012.]

 

"NBFET"

[Definition of 'NBFET' deleted by section 21 (c) of Act 1 of 2013.]

 

"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 policy determined by the Minister in terms of this Act;

[Definition of 'policy' substituted by section 33 (h) of Act 3 of 2012.]

 

"prescribed"

means prescribed by regulation;

 

"principal"

means the chief executive and accounting officer of the college, and includes a rector;

 

"programmes"

means a list of education programmes approved and promulgated by the Minister in the Gazette;

 

"public college"

[Definition of 'public college' deleted by section 21 (d) of Act 1 of 2013.]

 

"Public Service Act"

means the Public Service Act, 1994 (Proclamation 103 of 1994);

 

"rules"

means rules made by the council in terms of section 5 (2) (a);

 

"SAQA"

means the South African Qualifications Authority established by section 10 of the National Qualifications Framework Act, 2008 (Act 67 of 2008) ;

[Definition of 'SAQA' substituted by section 33 (i) of Act 3 of 2012.]

 

"school"

[Definition of 'school' deleted by section 33 (j) of Act 3 of 2012 .]

 

"South African Schools Act"

[Definition of 'South African Schools Act' deleted by section 33 (k) of Act 3 of 2012.]

 

"staff"

means persons employed at a public college;

 

"statute"

means the standard college statute, which includes policy, code of conduct and any other rules developed by the council which are consistent with the Act;

 

"student"

means any person registered as a student at the college;

 

"SRC"

means the student representative council of the college;

 

"the Act"

means the Continuing Education and Training Act, 2006;

[Definition of 'the Act' substituted by section 21(e) of Act 1 of 2013.]

 

"to provide further education and training"

[Definition of 'to provide further education and training' deleted by section 21 (f) of Act 1 of 2013.]

 

"vice-principal"

includes a vice-rector.

[Paragraph 1 amended by section 21 (a) of Act 1 of 2013.]