| (1) |
Subject to the provisions of subsection (2), the council of a public higher education institution may, in consultation with the senate, withdraw and revoke any degree, diploma, certificate or other qualification that was awarded— |
| (a) |
on the basis of a material error on the part of the public higher education institution concerned: Provided that such withdrawal and revocation may only take place within a period not exceeding two years after the conferment concerned; or |
| (b) |
as a result of a fraudulent or dishonest act in connection with the obtaining of such degree, diploma, certificate or other qualification. |
(2)
| (a) |
Prior to the council of a public higher education institution withdrawing and revoking the conferment of a degree, diploma, certificate or other qualification, the council must— |
| (i) |
notify the recipient of the qualification concerned that a revocation and withdrawal is being considered; |
| (ii) |
provide the recipient with relevant information justifying the intended action; |
| (iii) |
provide the recipient with an opportunity to obtain assistance and to present his or her case; and |
| (iv) |
consider the submissions and representations of the recipient. |
| (b) |
In the event that the withdrawal and revocation relates to circumstances contemplated in subsection (1)(b), the higher education institution must report the matter for criminal investigation as contemplated in section 66(2). |
| (3) |
The provisions of subsections (1) and (2) shall apply to registered private higher education institutions, subject to the necessary changes required by the context. |
| (4) |
In the event that any degree, diploma, certificate or other qualification that was awarded, is withdrawn or revoked, the relevant Quality Council responsible for the qualification or part-qualification and SAQA must be informed so as to amend the National Learner Record Database, if necessary. |
[Section 65BA inserted by section 37 of Notice No. 21, GG 40548, dated 17 January 2017]
Special Investigating Units and Special Tribunals Act, 1996
