Higher Education Act, 1997 (Act No. 101 of 1997) Chapter 1 : Definitions, Application and Determination of Policy 1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"academic employee"

means any person appointed to teach or to do research at a public higher education institution and any other employee designated as such by the council of that institution;

 

"applicant"

means any person who makes any application referred to in Chapter 7;

 

"auditor"

means a person registered in terms of section 37 of the Auditing Professions Act, 2005 (Act No. 26 of 2005)

[Definition substituted by section 1(a) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"CHE"

means the Council on Higher Education established by section 4;

 

"college"

[Definition deleted by section 1(c) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

[Definition inserted by section 1(d) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"convert"

means the process of conversion as contemplated in section 20(1) in terms of which an identified higher education institution or subdivision, faculty, school, department, section or component of a public higher education institution or education institution becomes a juristic or new juristic person, as the case may be, on a date specified by the Minister in the notice contemplated in section 20(1);

[Definition inserted by section 1(d) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"council"

means the governing body of a public higher education institution;

 

"Department of Education"

means the Department of Higher Education and Training;

[Definition amended by section 1(a) of Act No. 26 of 2010]

 

"directive"

means the written communication from the Minister to the council of a higher education institution or the council of a national institute for higher education, as applicable, contemplated in section 42;

[Definition inserted by section 1(b) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"Director-General"

means the Director-General of the Department of Higher Education and Training;

[Definition amended by section 1(b) of Act No. 26 of 2010]

 

"employee"

means any person employed at a public higher education institution;

 

"employer"

means the council of a public higher education institution;

 

"financial year"

means a year commencing on the first day of April and ending on the thirty-first day of March of the following year;

 

"foreign juristic person"

means a person that—

[Definition substituted by section 1(e) of Notice 21, GG 40548, dated 17 January 2017]

 

"grade 12"

means the highest grade in which education is provided by a school as defined in the South African Schools Act, 1996 (Act No. 84 of 1996);

 

"HEQF"

[Definition deleted by section 1(f) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"HEQSF"

means the sub-framework for higher education as contemplated in section 7(d) of the National Qualifications Framework Act;

[Definition inserted by section 1(g) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"higher education"

means all learning programmes which must be registered in accordance with the provisions of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), as a qualification or part-qualification on the HEQSF, regardless of whether such programmes are in fact registered or not on the sub-framework;

[Definition substituted by section 1(h) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"higher education college"

means a higher education institution providing higher education, but with a limited scope and range of operations and which meets the criteria for recognition as a higher education college as prescribed by the Minister under section 69(d) and—

in terms of this Act;

[Definition inserted by section 1(i) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"higher education institution"

means any institution that provides higher education on a full-time, part-time or distance basis and which is—

[Paragraph (a) substituted by section 1(j) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"Higher Education Qualifications Framework"

means the policy on higher education—

[Definition inserted by section 1 of Act No. 39 of 2008]

 

"Higher Education Quality Committee"

means the committee of the CHE established in terms of section 7(1);

 

"incorporation of a subdivision"

means the process of incorporation as contemplated in section 21(1)(6) or 24 in terms of which an identified subdivision, faculty, school, department, section or component of a public higher education institution or education institution becomes part of another public higher education institution while the latter institution’s legal personality as contemplated in section 20(4) is not affected by the incorporation, and "an incorporated subdivision" has a similar meaning;

[Definition inserted by section 1 of Act No. 63 of 2002]

 

"independent assessor"

means the person appointed under section 44;

[Definition inserted by section 1(k) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"institutional forum"

means the body contemplated in section 31;

 

"institutional rules"

means any rules made by the council of a public higher education institution under section 32;

 

"institutional statute"

means any statute made by the council of a public higher education institution under section 32;

 

"local juristic person"

means a person established as a juristic person in South Africa in terms of the Companies Act, 2008 (Act No. 71 of 2008];

[Definition substituted by section 1(l) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"merger"

means the process contemplated in section 23 in terms of which two or more public higher education institutions lose their status as juristic persons on the date that they are merged into a new juristic person as contemplated in section 20(4).

[Definition inserted by section 1 of Act No. 63 of 2002]

 

"Minister"

means the Minister of Higher Education and Training;

[Definition amended by section 1(c) of Act No. 26 of 2010]

 

"national institute for higher education"

means any institute for higher education established as a national institute for higher education in terms of Chapter 6A;

[Definition inserted by section 1(m) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"National Qualifications Framework"

means the National Qualifications Framework contemplated in the National Qualifications Framework Act;

 

"National Qualifications Framework Act"

means the National Qualifications Framework Act, 2008;

[Definition inserted by section 1 of Act No. 39 of 2008]

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution;

 

"PAJA"

means the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000);

[Definition inserted by section 1(n) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"prescribed"

means prescribed by regulation;

 

"principal"

means the chief executive and accounting officer of a public higher education institution, and includes a vice-chancellor and a rector;

 

"private higher education institution"

means any institution registered or conditionally registered as a private higher education institution in terms of Chapter 7;

 

"provide higher education"

means the performing of any or all of the following functions—

[Definition inserted by section 1(p) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"public higher education institution"

means any higher education institution that is established, deemed to be established, converted or declared as a public higher education institution under this Act;

[Definition substituted by section 1(o) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"quality council"

has the meaning assigned to it in section 1 of the National Qualifications Framework Act, 2008;

[Definition inserted by section 1 of Act No. 39 of 2008]

 

"registrar"

means the registrar referred to in section 50(1);

[Definition amended by section 1 of Act No. 55 of 1999]

 

"relative"

in relation to any person, means—

[Definition inserted by section 1(r) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"SAQA"

means the South African Qualifications Authority established by section 3 of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

 

"senate"

means the body contemplated in section 28 and includes an academic board;

 

"spouse"

means a person's partner in a marriage—

[Definition inserted by section 1(s) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"student"

means any person registered as a student at a higher education institution;

 

"technikon"

[Definition deleted by section 1(t) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"this Act"

includes the regulations made under this Act;

 

"to provide higher education"

[Definition deleted by section 1(q) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"university"

means a higher education institution providing higher education and with a scope and range of operations, including undergraduate and postgraduate higher education programmes, research and community engagement, which meets the criteria for recognition as a university as prescribed by the Minister under section 69(d) and—

[Definition substituted by section 1(u) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"university college"

means a higher education institution providing higher education, but with a limited scope and range of operations and which meets the criteria for recognition as a university college as prescribed by the Minister under section 69(d) and—

in terms of this Act;

[Definition substituted by section 1(v) of Notice No. 21, GG 40548, dated 17 January 2017]

 

"vice-principal"

includes a vice-rector and a deputy vice-chancellor.