Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995) Regulations Regulations relating to Assistance to Victims in respect of Higher Education and Training, 2014 1. Definitions

 

In these Regulations, any word or expression to which a meaning has been assigned in the Act bears the meaning so assigned and, unless the context indicates otherwise—

 

"accounting officer"

means the officer appointed by the Minister of Justice and Constitutional Development under section 42(6) of the Act;

 

"administrator"

means—

 

"adult education and training"

means adult education and training as defined in section 1 of the Adult Education and Training Act;

 

"Adult Education and Training Act"

means the Adult Education and Training Act, 2000 (Act No. 52 of 2000);

 

"applicant"

means the following persons who apply for assistance in terms of regulation 11(1):

 

"application form"

means the form provided for in regulation 11(2);

 

"apprenticeship"

means an apprenticeship as defined in section 1 of the Skills Development Act;

 

"assistance"

means the monetary assistance provided for in regulation 5, 6, 7, 8, 8A, 8B and 8C of the Regulations;

[Definition substituted by regulation 2(a) of Notice No. R. 1373, GG 42101, dated 14 December 2018]

 

"assistive device"

means—

but excludes a laptop, unless the beneficiary, due to his or her disability, needs a laptop with special requirements which exceeds the amount provided for in regulation 8A(1)(b);

[Definition inserted by regulation 2(b) of Notice No. R. 1373, GG 42101, dated 14 December 2018]

 

"beneficiary"

means a victim or a relative or dependant of a victim in respect of whom an application for assistance has been approved;

 

"COVID-19"

for the purposes of regulation 15A means the Novel Coronavirus (2019-nCov2) which is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during 2019 and was declared a global pandemic by the World Health Organisation in 2020;

[Definition inserted by section 2 of Notice No. R. 1194, GG43891, dated 6 November 2020]

 

"centre"

means a centre as defined in section 1 of the Adult Education and Training Act;

 

"college"

means a college as defined in section 1 of the Further Education and Training Colleges Act;

 

"days"

means calendar days;

 

"dedicated official"

means an official in the Department of Justice and Constitutional Development designated by the Director-General of that Department for the purposes of verifying the status of an applicant in terms of regulation 13;

 

"Department"

means the Government department responsible for higher education and training at national level;

 

"device"

for the purposes of regulation 8A includes—

but excludes an assistive device required by a person with a disability.

[Definition inserted by regulation 2(b) of Notice No. R. 691, GG 40988, dated 18 July 2017]

 

"Director-General"

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

 

"disability"

means—

[Definition inserted by regulation 2(c) of Notice No. R. 1373, GG 42101, dated 14 December 2018]

 

"fees"

includes—

 

"Fund"

means the Fund established under section 42(1) of the Act;

 

"fund administrator"

means the officer designated by the Minister of Justice and Constitutional Development under section 42(5) of the Act;

 

"further education and training"

means further education and training as defined in section 1 of the Further Education and Training Colleges Act;

 

"Further Education and Training Colleges Act"

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

 

"higher education"

means higher education as defined in section 1 of the Higher Education Act;

 

"Higher Education Act"

means the Higher Education Act, 1997 (Act No. 101 of 1997);

 

"higher education and training"

means—

 

"higher education and training institution"

means—

 

"higher education institution"

means a higher education institution as defined in section 1 of the Higher Education Act;

 

"household"

means the following persons who live together:

 

"human support"

for the purposes of regulation 8C means a service rendered by a sighted guide, note taker, tutor, carer or sign language interpreter to a beneficiary with a disability;

[Definition inserted by regulation 2(d) of Notice No. R. 1373, GG 42101, dated 14 December 2018]

 

"learner"

means—

 

"learnership"

means a learnership as contemplated in the Skills Development Act but excludes a skills programme;

 

"Minister"

means the Cabinet member responsible for higher education and training at national level;

 

"National Student Financial Aid Scheme"

means the juristic person established by section 3 of the National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999);

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;

 

"private higher education and training institution"

means—

 

"public higher education and training institution"

means—

 

"qualification"

means a qualification as defined in section 1 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);

 

"relative or dependant of a victim"

means a relative or dependant of a victim as determined by the President in terms of Regulation 1(2) of the Regulations relating to Measures to Provide Urgent Interim Reparation to Victims, published under Government Notice No. R. 545 of 3 April 1998, in accordance with section 40(1)(c) of the Act;

 

"skills development"

means skills development as contemplated in the Skills Development Act;

 

"Skills Development Act"

means the Skills Development Act, 1998 (Act No. 97 of 1998);

 

"Social Assistance Act"

means the Social Assistance Act, 2004 (Act No. 13 of 2004);

 

"student"

means a student as defined in the Higher Education Act and the Further Education and Training Colleges Act;

 

"the Act"

means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995);

 

"victim"

means a person contemplated in the definition of "victim" in section 1 of the Act, and who has been found by the Truth and Reconciliation Commission to be a victim, in accordance with the provisions of the Act;

 

"vulnerable household"

means a household, which at the date of the application for assistance, consists of four or more members and where—

 

"work placement"

means work placement as contemplated in the Skills Development Act.