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

Chapter 2 : Public Colleges

6. Merger of public colleges

 

(1) Subject to subsection (2), the Member of the Executive Council may, in consultation with the Minister and by notice in the Gazette, merge two or more public colleges into a single college.

 

(2) Before merging two or more public colleges the Member of the Executive Council must—
(a) give written notice to the colleges in question of the intention to merge them;
(b) publish a notice giving the reasons for the proposed merger in one or two newspapers circulating in the area in which the colleges in question are situated;
(c) give the councils of the colleges in question and any other interested persons an opportunity to make representations within at least 90 days from the date of the notice referred to in paragraph (6); and
(d) consider such representations.

 

(3) The single college contemplated in subsection (1) is regarded as a public college established under this Act.

 

(4) Section 5(1)(b), (2), (3), (4) and (5) apply with the necessary changes required by the context to a merger contemplated in subsection (1).

 

(5) The Member of the Executive Council must, after consultation with the councils of the public colleges that are to be merged, determine by notice contemplated in subsection (1)—
(a) the date of establishment of the college;
(b) the name of the college; and
(c) the physical location and o6cial address of the college.

 

(6) The councils of the colleges that are merged must have a meeting before the merger to constitute a single interim council comprising of all members of the councils concerned for a period not exceeding six months.

 

(7) The Member of the Executive Council may extend the period referred to in subsection (6) once for a further period not exceeding six months.

 

(8) Despite sections 197 and 197A of the Labour Relations Act, the contracts of employment between the institution and its employees are transferred automatically to the merged single public college as from the date of the merger contemplated in subsection (1), but any redeployment of an employee as a consequence of the merger is subject to applicable labour legislation.

 

(9) If two or more public colleges are merged into a single public college as contemplated in subsection (1), all the rights and obligations between the former employers and each employee at the time of the merger continue in force as if they were rights and obligations between the new employer and each employee and anything done before the merger by or in relation to the former employers is considered to have been done by or in relation to the new employer.

 

(10) A merger referred to in subsection (1) does not—
(a) interrupt the employee's continuity of employment; and
(b) affect the liability of any person to be disciplined for, prosecuted for, convicted of or sentenced for any misconduct, crime or offence.

 

(11) An employee or a student is subject to the code of conduct and rules applicable to the new single public college as from the date of the merger contemplated in subsection (1), but if any enquiry into incapacity or any proceedings in respect of a charge of misconduct had been instituted or commenced against any employee or student before the date of the merger, such enquiry or proceedings must continue in terms of the codes and rules applicable to the relevant public colleges immediately before the merger.

 

(12) Until the new single public college has made a code of conduct or rules, the disciplinary codes and rules of the respective old public colleges are applicable to the respective employees and students.

 

(13) If two or more public colleges are merged into a single public college in terms of subsection (1), the new single public college continues with all academic programmes offered by the former colleges under the rules applicable to the respective colleges immediately before the date of the merger, until such programmes and rules are amended or restructured by the new council.