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Higher Education Act, 1997

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To regulate higher education; to provide for the establishment, composition and functions of a Council on Higher Education; to provide for the establishment, governance and funding of public higher education institutions; to provide for the appointment and functions of an independent assessor; to provide for the registration of private higher education institutions; to provide for quality assurance and quality promotion in higher education; to provide for transitional arrangements and the repeal of certain laws; ‘and to provide for matters connected therewith.

 

Last update: November 2024


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Higher Education Act, 1997 (Act No. 101 of 1997), has been updated with a Notice in terms of Regulation 18(1) of the Regulations for the Registration of Private Higher Education Institutions, 2016 read with section 62(1) of the Act, (as amended) on the Cancellation of Registration of Nazarene Theological College NPC as a Private Higher Education Institution, as per Notice No. 5571 of GG51637 dated 22 November 2023.

 

The Higher Education Act, 1997 (Act No. 101 of 1997), has been updated with a Notice published in terms of Regulation 18(1) of the Regulations for the Registration of Private Higher Education Institutions, 2016 read with sections 62(1) and 63(a) and (b) of the Act: Publication of Cancellation of the registration of Stellenbosch Graduate Institute (Pty) Ltd as a private higher education institution, as per Notice No. 3818 of GG49189 dated 25 August 2023.

 

The Higher Education Act, 1997 (Act No. 101 of 1997), has been updated with a Notice published in terms of Regulation 18(1) of the Regulations for the Registration of Private Higher Education Institutions, 2016 read with sections 62(1) and 62(a) and (b) of the Act: Publication of Cancellation of the Registration of Dermatech (Pty) Ltd as a private higher education institution, as per Notice No. 2519 of GG46959 dated 23 September 2022.

 

The Higher Education Act, 1997 (Act No. 101 of 1997), has been updated with a Notice published in terms of Regulation 19(1) of the Regulations for the Registration of Private Higher Education Institutions, 2016 read with sections 62(1) and 63(a) and (b) of the Act: Publication of a Notice of Intent to Cancel the Registration of City Varsity (Pty) Ltd, Damelin (Pty) Ltd, ICESA City Campus (Pty ) Ltd and Lyceum College (Pty) Ltd as a private higher education institution, as per Notice No. 2387 of GG46739 dated 19 August 2022.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) hereby amended the Institutional Statute of the University of Fort Hare, as per Notice No. 506 of GG43288 dated 8 May 2020.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) hereby amended the Institutional Statute of the North-West University, as per Notice No. 505 of GG43288 dated 8 May 2020.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) hereby give notice of Extension Dates for the Post-School Education and Training (PSET) Institutions (Public and Private Higher Education Institutions as well as Public Colleges) as per Notice No. R467 of GG43236 dated 17 April 2020.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated with the Institutional Statute of Stellenbosch University, 2019 as per Notice No. 1062 of GG42636 dated 16 August 2019.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated by Notices, Standard Institutional Statute, 2018 as per Notice No. 1405 of GG42147 dated 21 December 2018.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated by Notices, Minimum Admission Requirements for Higher Certificate, Diploma and Bachelor’s Degree Programmes requiring a National Senior Certificate 4. Minimum requirements for admission to the Higher Certificate, Diploma and Bachelor's Degree as per Notice No. 1369 dated 14 December 2018.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated by Notices, Minimum Admission Requirements for Higher Certificate, Diploma and Degree Programmes requiring a National Certificate (Vocational) at Level 4 of the National Qualifications Framework, Appendixes, Appendix A: Recognised National Certificate (Vocational) Level 4 Subjects as per Notice No. 1345 of GG42092 dated 7 December 2018.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been amended by Notices, Commencement of the Higher Education Amendment Act No. 9 of 2016  as per Notice No. 1012 of GG41132 dated 22 September 2017.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been amended by the Higher Education Amendment Act (Act 9 of 2016) as per Notice No. 21 of GG40548 dated 17 January 2017.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated by Regulations, Regulations for the Registration of Private Higher Education Institutions, 2003 as per Notice No. R. 383 of GG39880 dated 31 March 2016.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been amended by Higher Education and Training Laws Amendment Act, 2012, Notice No. 1104, Government Gazette 36022, dated 19 December 2012.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated by Government Gazette 34865 - Amendment to Act.

 

The Higher Education Laws Amendment Act, No. 26 of 2010, in Government Gazette No. 33855 dated 7 December 2010, has amended this Act.

 

This Act, has been updated by Government Notice No. 1114 – Minimum admission Requirements –published in Government Gazette No. 32743 dated 26th November 2009.

 

The Act has been updated with the Higher Education Amendment Act No. 39 of 2008, as published in Government Gazette No. 31651 dated 27 November 2008.

 

The Higher Education Act, 1997 (Act No. 101 of 1997) has been updated with the addition of "Minimum Admission Requirements" revised in May 2008 and published in Government Gazette No. 31231 dated 11 July 2008.

The Regulations for Annual Reporting by Public Higher Education Institutions have been added to the Act as published in Notice No. R. 691 in Government Gazette No. 30132 dated 1 August 2007;

The Act has been updated by the addition of two Amendments to the Regulations for the Registration of Private Higher Education Institutions published in Notice No. R. 1156 in Government Gazette No. 28286 dated 1 December 2005, and Notice No. R. 1240 in Government Gazette No. 29434 dated 8 December 2006;

"Schedule of Fees Payable by Private Further Education and Training Institutions on Lodging an Application for Registration, an Application for Amendment and an application for Conversion" has been added to the Act by Notice No. R 1002 in Government Gazette No. 28121 dated 11 October 2005;

The Act has been amended by the addition of "Application for Registration as a Private Further Education and Training Institution" relating to the Regulations for the Registration of Further Education and Training Institutions, 2003, as published in Notice No. R. 1000 in Government Gazette No. 28121 dated 11 October 2005;

The Act has been amended by the addition of the "Minimum Admission Requirements for Higher Certificate, Diploma and Bachelor’s Degree Programmes requiring a National Senior Certificate" as published in Notice No. 1632 in Government Gazette No. 27961 dated 26 August 2005;

An Amendment has been made to the Regulations for the Registration of Private Higher Education Institutions, as published in Notice no. R. 1382 in Government Gazette No. 27019 dated 3 December 2004;

The Funding of Public Higher Education as published in Notice No. 1791 in Government Gazette No. 25824 dated 9 December 2003 has been added to the Act;

The Act has been updated by the addition of the Policy and Procedures for Measurement of Research Output of Public Higher Education Institutions, in Notice No. R.1467 in Government Gazette No. 25583 dated 14 October 2003;

The Regulations for Annual Reporting by Higher Education Institutions has been added to the Act as published in Notice No. 1240 in Government Gazette No. 25407 dated 29 August 2003;

The Act has been amended by the addition of "A Guide for Completing the Application for Registration as a Private Higher Education Institution" under the Regulations for the Registration of Private Higher Education Institutions, as published by Notice No. 335 in Government Gazette No. 24976 dated 28 February 2003;

The Standard Institutional Statute has been added to the Act by Notice No. 377 in Government Gazette No. 23065 dated 27 March 2002, as well as an amendment thereto printed in Government Gazette No. 25698 dated 7 November 2003;

 

The Higher Education Amendment Act, 2003 (Act 38 of 2003) has been applied to the Act as gazetted in GG 25840 dated 15 December, 2003.

The Requirements for Annual Reporting by Higher Education Institutions have been added as gazetted in GG 25407 dated 29 August 2003.

The Higher Education Act, 1997, (Act No. 101 of 1997), as published in Government Gazette No. 18515 dated 19 December 1997, as been added to the site, and various amendments have been applied, namely:-

The Higher Education Amendment Act No. 55 of 1999, as published in Government Gazette No. 20651 dated 19 November 1999;

The Higher Education Amendment Act No. 54 of 2000, as published in Government Gazette No. 21784 dated 22 November 2000;

The Higher Education Amendment Act No. 23 of 2001;

The Higher Education Amendment Act No. 63 of 2002, as published in Government Gazette No. 24187 dated 19 December 2002.

The Regulations for the Registration of Private Higher Education Institutions as published in Government Gazette No. 24976 dated 28 February 2003, have also been added to the Act.