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Higher Education Act, 1997 (Act No. 101 of 1997)

Chapter 8 : General

68. Delegation of powers

 

(1) The Minister may, on such conditions as he or she may determine, delegate any of his or her powers under this Act, except the power to make regulations, and assign any of his or her duties in terms of this Act, to—
(a) the council of a public higher education institution;

(b)        the CHE;

(c) the board of a national institute for higher education; and

[Section 68(1)(c) substituted by section 40(a) of Notice No. 21, GG 40548, dated 17 January 2017]

(d)        any organ of state.

 

(2) The council of a public higher education institution may, on such conditions as it may determine, delegate any of its powers under this Act or delegated to it in terms of subsection (1), except the power to—
(a) make an institutional statute;
(b) enter into an agreement contemplated in section 40(2); or
(c) perform an action contemplated in section 40(3),

and assign any of its duties in terms of this Act or assigned to it in terms of subsection (1), to the other internal structures, the principal or any other employee of the public higher education institution concerned.

[Section 68(2) substituted by section 11 of Act No. 54 of 2000]

 

(3) The principal of a public higher education institution may, on such conditions as he or she may determine, delegate any of his or her powers under this Act and assign any of his or her duties in terms of this Act to any other employee of the public higher education institution concerned.

[Section 68(3) inserted by section 9 of Act No. 55 of 1999]

 

(4) The CHE may, on such conditions as it may determine, delegate any of its powers under this Act and assign any of its duties in terms of this Act to any of its committees or employees.

[Section 68(4) inserted by section 9 of Act No. 55 of 1999]

 

(5) The provisions of subsections (2) and (3) apply to national institutes for higher education with the changes required by the context.

[Section 68(5) inserted by section 40(b) of Notice No. 21, GG 40548, dated 17 January 2017]