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

Chapter 6 : Private Colleges

31. Determination of application for registration

 

(1) The registrar—
(a) must consider any application for registration as a private college and any further information, particulars or documents provided by the applicant;
(b) may, when considering the application, differentiate between a foreign juristic person and a local juristic person with regard to matters such as its scope and range of operations, its size and its collegial configuration; and
(c) may register the applicant as a private college if the requirements for registration contemplated in section 30 are fulfilled.

 

(2)
(a) If the Registrar decides to grant the application, the Registrar must—
(i) enter the applicant’s name in the appropriate register of private colleges;
(ii) issue a certificate of registration, stating the terms of such registration;
(iii) furnish the certificate to the applicant; and
(iv) as soon as practicable after the decision, publish the name of the applicant so registered and the title of the qualification offered by the applicant, in the Gazette.
(b) The registrar must notify the relevant Head of Department of the registration of a private college in that province.
(c) If the registrar decides not to grant the application, the registrar must advise the applicant in writing of the decision and furnish the applicant with written reasons for the decision.

 

(3) Despite subsection (1), the registrar may provisionally register an applicant other than a foreign juristic person who does not fulfill the requirements for registration contemplated in section 30 if the registrar believes that the applicant will be able to fulfill the relevant requirements within a reasonable period.

 

(4) If the registrar provisionally registers an applicant under subsection (3), the registrar must—
(a) determine the period within which the applicant must satisfy the requirements for registration;
(b) enter the applicant’s name in the appropriate register of private colleges;
(c) issue a certificate of provisional registration, stating the terms and the duration of such registration;
(d) provide the certificate of provisional registration to the applicant; and
(e) as soon as practicable after the decision, publish the name of the applicant so provisionally registered and the title of the qualifications offered by the applicant in the Gazette.

 

(5) The registrar may, on good cause shown, extend the period referred to in subsection (4)(a).

 

(6) If, on the expiry of the period referred to in subsection (4)(a) or any extension thereof, the applicant—
(a) satisfies the requirements for registration specified by the registrar, the registrar must register the applicant in accordance with subsection (2)(a); or
(b) fails to satisfy the requirements for registration specified by the registrar, the applicant’s provisional registration lapses.