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

Chapter 1 : Definitions, Purpose and Application of Act

1. Definitions

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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—

(a)a public college that is established or declared as—
(i)a technical and vocational education and training college; or
(ii)a community education and training college; or
(b)a private college that is established, declared or registered under this Act,

but does not include a college under the authority of a government department other than the Department;

[Definition amended 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 terms 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;

 

"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 31 st day of December of the same year;

 

"foreign juristic person"

means a person that is—

(a)registered or established as a juristic person in terms of a law of a foreign country; and
(b)recognised or registered as an external company in terms of the Companies Act, 1973 (Act No. 61 of 1973);

 

"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"

means the head of a provincial department of education;

 

"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"

means the Member of the Executive Council of a province who is responsible for education in that province;

 

"Minister"

means the Minister of Higher Education and Training;

 

"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 amended 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 Act, 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—

(a)policy determined by the Minister in terms of the National Education Policy Act, 1996 (Act No. 27 of 1996); or
(b)policy determined by the Member of the Executive Council in terms of a provincial law;

 

"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 amended 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—

(a)established or regarded as having been established as a public college under section 3 of this Act; or
(b)declared as a public college under section 4 of this Act;

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

 

"Public Service Act"

means the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

"SAQA"

means the South African Qualifications Authority, established by section 3 of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

 

"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—

(a)academic support services;
(b)student support services;
(c)human resource management;
(d)financial management;
(e)administration;
(f)maintenance of the buildings and gardens;
(g)catering services; and
(h)security services;

 

"this Act"

includes any regulation made in terms of section 51;

 

"to provide continuing education and training"

means—

(a)to register students for all learning and training programmes leading to qualifications or part-qualifications at levels 1 to 4 of the National Qualifications Framework provided for at a college in terms of this Act; and
(b) take responsibility for the registration of students, the provision and delivery of the curriculum and the assessment of students;

[Definition amended 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 Act, 2001 (Act No. 58 of 2001);

 

"vice-principal"

includes a vice-rector.