Continuing Education and Training Act, 2006 (Act No. 16 of 2006) Chapter 1 : Definitions, Purpose and Application of Act 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"academic board"

means the body contemplated in section 11;

 

"applicant"

means a person who makes an application contemplated in section 29;

 

"auditor"

means a person registered in terms of the Auditing Profession Act, 2005 (Act No. 26 of 2005);

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

 

"college"

means—

[Definition substituted by section 1(a) of Act No. 1 of 2013]

 

"college statute"

means policy, code of conduct and any other rules developed by a council in accordance with this Act;

 

"continuing education and training"

means all learning and training programmes leading to qualifications or part-qualifications at levels 1 to 4 of the National Qualifications Framework contemplated in the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), provided for at a college in term of this Act;

[Definition inserted by section 1(b) of Act No. 1 of 2013]

 

"council"

means the governing structure of a public college;

 

"Department"

means the Department of Higher Education and Training;

[Definition substituted by section 9(b) of Act No. 25 of 2010]

 

"Director-General"

means the Director-General of the Department;

 

"Employment Equity Act"

means the Employment Equity Act, 1998 (Act No. 55 of 1998);

 

"financial year"

in respect of a college means a year commencing on the first day of January and ending on the 31st day of December of the same year;

 

"foreign juristic person"

means a person that is—

 

"further education and training"

[Definition deleted by section 1(c) of Act No. 1 of 2013]

 

"general education"

[Definition deleted by section 1(c) of Act No. 1 of 2013]

 

"Head of Department"

[Definition deleted by section 1(a) of Act No. 3 of 2012]

 

"higher education"

means higher education as defined in the Higher Education Act, 1997 (Act No. 101 of 1997);

 

"Institute"

means the South African Institute for Vocational and Continuing Education and Training established by the Minister in terms of section 43A;

[Definition inserted by section 1(d) of Act No. 1 of 2013]

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"lecturer"

means any person who teaches, educates or trains other persons or who provides professional educational services at any college, and who is appointed in a post on any lecturer establishment under this Act;

 

"local juristic person"

means a person established as a juristic person in South Africa in terms of the Companies Act, 1973 (Act No. 61 of 1973);

 

"management staff"

means the principal and vice-principal of a public college;

 

"Member of the Executive Council"

[Definition deleted by section 1(b) of Act No. 3 of 2012]

 

"Minister"

means the Minister of Higher Education and Training;

[Definition substituted by section 9(c) of Act No. 25 of 2010]

 

"National Qualifications Framework"

means the national qualifications framework contemplated in Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);

[Definition substituted by section 1(e) of Act No. 1 of 2013]

 

"NBFET"

means the National Board for Further Education and Training, established by regulation in terms of section 11 of the National Education Policy Ac t, 1996 (Act No. 27 of 1996);

 

"organ of state"

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

 

"policy"

means—

 

"prescribed"

means prescribed by regulation made in terms of section 51;

 

"principal"

means the chief executive and accounting officer of a public college, and includes a rector of a public college;

 

"private college"

means any college that provides continuing education and training on a full-time, part- time or distance basis and which is registered or provisionally registered as a private college under Chapter 6 of this Act;

[Definition substituted by section 1(f) of Act No. 1 of 2013]

 

"PSCBC"

means the Public Service Coordinating Bargaining Council established in terms of the Labour Relations Act;

 

"public college"

means any college that provides continuing education and training on a full-time, part-time or distance basis and which is—

[Definition substituted by section 1(g) of Act No. 1 of 2013]

 

"Public Service Act"

means the Public Service Act, 1994 (Proclamation 103 of 1994);

 

"SAQA"

means the South African Qualifications Authority, established by section 10 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);

[Definition substituted by section 1(d) of Act No. 3 of 2012]

 

"school"

means a school as defined in the South African Schools Act;

 

"South African Schools Act"

means the South African Schools Act, 1996 (Act No. 84 of 1996);

 

"staff"

means persons employed at a public college;

 

"student"

means any person registered as a student at a college;

 

"support staff"

includes staff who render—

 

"this Act"

includes any regulation made in terms of section 51;

 

"to provide continuing education and training"

means—

[Definition substituted by section 1(h) of Act No. 1 of 2013]

 

"Umalusi"

means the council established by section 4 of the General and Further Education and Training Quality Assurance Ac t, 2001 (Act No. 58 of 2001);

 

"vice-principal"

includes a vice-rector