Further Education and Training Act, 1998 (Act No. 98 of 1998)Regulations for the Registration of Private Further Education and Training InstitutionsChapter 3 : Registration15. Determination of an application |
| 1) | The registrar must consider and determine an application for registration- |
| a) | in accordance with section 27 of the Act; and |
| b) | at least six months before the applicant intends to commence operations. |
| 2) | In determining the application of a foreign applicant, the registrar must independently verify the information contemplated in regulation 13. |
| 3) | In determining an application, the registrar must consider- |
| a) | all the information and declarations provided by the applicant and any other relevant information; |
| b) | the advice of GENFETQA on the applicant’s application for accreditation; |
| c) | whether, if registered, the institution in all its further education and training programmes will maintain acceptable standards that are not inferior to standards at a comparable public further education and training institution; |
| d) | whether, if registered, the institution in all its further education and training programmes will comply with the requirements of GENFETQA in terms of section 26 of the Act; |
| e) | whether the applicant has met all other relevant requirements of the Act; |
| f) | the differentiation between a foreign juristic person and a local juristic person in terms of section 27(1)(b) of the Act; |
| g) | the proposed programmes and qualifications and the respective sites where they are to be offered; |
| h) | section 33 of the Act concerning conditions attached to registration or provisional registration; |
| i) | the rights of the general public, the students and the applicant; and |
| j) | the interests of further education and training as a whole. |
| 4) | In the light of sub-regulation (1) to (3) the registrar must determine whether to- |
| a) | register the institution; |
| b) | grant provisional registration in terms of section 27(3) and (4) of the Act, stating |
| i) | the terms of provisional registration; |
| ii) | the date by which the registrar must receive an application for the conversion of provisional registration, which must not be later than 12 months from the date on which the certificate of provisional registration is signed; |
| c) | impose a condition in terms of section 33 of the Act; or |
| d) | deny the application. |
| 5) | The registrar, after considering the advice contemplated in sub-regulation (3)(b), must stipulate the approved programmes, qualifications and sites in respect of which registration or provisional registration is granted. |
| 6) | If an applicant is found to have knowingly submitted fraudulent, false or misleading information the registrar must deny the application and refer the matter to the South African Police Service for investigation. |
| 7) | The registrar must notify the relevant Head of Department of the registration or provisional registration of a private FET institution in that province. |