In these regulations, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it, unless the context indicates otherwise.

"Administrative errors or omissions"

mean irregularities that are of a technical nature, where the candidate or an examination official unintentionally fails to follow the prescribed administrative procedure. The learner may be disadvantaged by this error or omission and there must be clear evidence that the candidate did not act in a manner to gain an unfair advantage;

"Acts of Dishonesty"

means any act of dishonesty or action or activity that may result in the candidate obtaining an unfair advantage;

"Assessment Body"

means a body as contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001);

"Assessment process"

refers to the following:

"Assessment irregularity"

means any event, act or omission, and any alleged event, act or omission, which may undermine or threaten to undermine the integrity, credibility or the security, or the fairness of the examination and assessment process;

"Behavioural Offences"

mean misbehaving, creating a disturbance or wilfully disobeying legitimate instructions, which may have an adverse effect on the examination process or the outcome of the examinations;

"Candidate"

means a learner who is registered to sit for the Senior Certificate examination;

"Chief Examiner or Examiner"

means a person who sets a question paper and the accompanying memorandum for the examination;

"Chief Executive Officer"

means the Chief Executive Officer contemplated in section 11 of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001);

"Chief Invigilator"

means the principal or head of an institution that serves at an assessment centre or another person specifically appointed to take responsibility for the administration of the Senior Certificate examinations and other related assessment matters at the assessment centre;

"Chief Marker"

means a person who is responsible and accountable for the marking of a question paper written under the jurisdiction of an assessment body accredited by Umalusi;

"Dangerous weapon"

means—

"Deputy Chief Marker"

means a person who assists a Chief Marker in all his or her duties;

"Educator portfolio"

means the full and final record of all the tasks that must be presented by the learner in his or her portfolio for a particular subject, for the assessment in the Senior Certificate. The educator portfolio will also include the marking guidelines and the assessment rubrics;

"Examination"

means a component of the assessment process and refers to the culmination of the summative assessment process when learners in Grade 12 are subjected to a final sitting at the end of the academic year;

"Examinations Board"

is an advisory body comprising education stakeholders in the field of assessment, in the General and Further Education and Training Bands, appointed by the Member of the Executive Council (MEC) or private assessment body to advise the assessment body on all matters relating to assessment and examinations in the GET and FET bands;

"Examination Centre"

means a centre registered by an accredited assessment body to conduct assessment and examinations;

"Examination sitting"

means an examination sitting during May and June each year from 2008 until 2011;

"FET"

means further education and training;

"Full-time candidate"

means a candidate who has enrolled for full-time tuition and registered for a minimum of six subjects for the Senior Certificate at a public or independent school or any other registered institution for that particular examination sitting;

"Hard copy"

means a paper copy of a question paper, marking guideline or any other assessment material;

"Head of Department"

means the Head of Department contemplated in section 1 of the South African Schools Act (No. 84 of 1996) or the head of any other assessment body registered with Umalusi;

"HEDCOM"

means the Heads of Education Departments Committee;

"Head of institution"

means an educator appointed or acting as a principal of a school or the head or acting head of any other registered learning institution;

"Hearing"

takes place after all the appropriate evidence has been assembled and the main purpose of a hearing is to allow the individual implicated by the alleged assessment irregularity to provide a response to the allegations made. The hearing should culminate in a decision;

"Internal assessment"

means the assessment contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001);

"Investigation"

encompasses all activities relating to the collection of evidence in respect of the reported irregularity. This may include interviews or submission of written reports from various examination officials, candidates or any other person that may assist in providing information on the reported irregularity. All investigations must be conducted under the auspices of the PEIC and reported to the Head of Department;

"Invigilator"

means any person appointed and responsible to assist the Chief Invigilator in the conduct of an examination or any other related activity at the assessment centre;

"Learner"

means a learner contemplated in section 1 of South African Schools Act (No. 84 of 1996);

"Learner portfolio"

means the collection of the learner’s evidence that is used to compile his or her Internal assessment mark;

"Marker"

means a person who is appointed to mark an examination script;

"MEC"

means Member of Executive Council responsible for education in a province;

"Moderation"

means the moderation contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001);

"NEIC"

means the National Examinations Irregularities Committee established by the Department of Education to coordinate the handling of irregularities by the assessment bodies;

"Part-time candidate"

means a learner who does not attend or receive full-time tuition;

Personnel Administration Measures is the policy document that outlines and governs the remuneration and other service conditions of educators employed in terms of the Employment of Educators Act (No. 76 of 1998);

"PEIC"

means the Provincial Examinations Irregularities Committee established by the provincial assessment body to investigate, conduct hearings regarding Internal and external assessment irregularities and make recommendations to the Head of Department.

"Provider"

means a body as contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001);

"Registration Centre"

refers to the place where the candidate is registered to sit for the Senior Certificate examination;

"School, learning institution or learning site"

means the environment or location where learners receive the opportunity to access the learning programme;

"Senior Certificate"

means the certificate that is awarded as a final exit qualification at the end of Grade 12 to candidates who have complied with the requirements contemplated in the Resumé of Instructional Programmes in Schools, Report 550 (0905);

"Senior Marker"

means a person who assists the Chief Marker in the marking process and takes responsibility for a group of markers at the marking centre;

"Service contract"

means a binding and legal agreement between a provincial education department, as an assessment body, and an independent school or learning institution or a college for distance learning, registered as an assessment centre, in respect of the administration and management of an examination or other assessment activities;

"Subject grade"

means the level or degree of complexity at which a particular subject is offered for the Senior Certificate. This currently refers to Higher, Standard or, in special circumstances, Lower Grade;

"Umalusi"

means the Council for Quality Assurance in General and Further Education and Training, established in terms of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001);

"Venue Manager"

means the official appointed by the assessment body to be in charge of a Marking Centre;