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

Chapter 8 : General

48. Offences

 

(1) Any person other than a college or organ of state who, without the authority of a college—
(a) offers or pretends to offer any continuing education and training qualification or part-qualification;

[Paragraph (a) amended by section 18(a) of Act No. 1 of 2013]

(b) confers a continuing education and training qualification or part-qualification that purports to have been granted by a college or in collaboration with a college; or

[Paragraph (b) amended by section 18(a) of Act No. 1 of 2013]

(c) purports to perform an act on behalf of a college,

is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.

 

(2) Any person who pretends that a continuing education and training qualification or part-qualification has been awarded to him or her by a college whereas in fact no such qualification or part-qualification has been so awarded is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.

[Subsection (2) amended by section 18(b) of Act No. 1 of 2013]

 

(3) Any person who contravenes section 28 is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(4) Any private college that contravenes or fails to comply with section 32 is guilty of an offence and is liable on conviction to a fine not exceeding R250 000.

 

(5) Any person who claims that he or she is offering a continuing education and training qualification  or part-qualification that is registered with the National Qualifications Framework whereas such qualification or part-qualification is not so registered is guilty of an offence and is liable on conviction to any sentence that may be imposed for fraud.

[Subsection (5) amended by section 18(c) of Act No. 1 of 2013]