Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)Chapter 8 : General48. Offences |
| (1) | Any person other than a college or organ of state who, without the authority of a college— |
| (a) | offers or pretends to offer any continuing education and training qualification or part-qualification; |
[Paragraph (a) amended by section 18(a) of Act No. 1 of 2013]
| (b) | confers a continuing education and training qualification or part-qualification that purports to have been granted by a college or in collaboration with a college; or |
[Paragraph (b) amended by section 18(a) of Act No. 1 of 2013]
| (c) | purports to perform an act on behalf of a college, |
is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
| (2) | Any person who pretends that a continuing education and training qualification or part-qualification has been awarded to him or her by a college whereas in fact no such qualification or part-qualification has been so awarded is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud. |
[Subsection (2) amended by section 18(b) of Act No. 1 of 2013]
| (3) | Any person who contravenes section 28 is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment. |
| (4) | Any private college that contravenes or fails to comply with section 32 is guilty of an offence and is liable on conviction to a fine not exceeding R250 000. |
| (5) | Any person who claims that he or she is offering a continuing education and training qualification or part-qualification that is registered with the National Qualifications Framework whereas such qualification or part-qualification is not so registered is guilty of an offence and is liable on conviction to any sentence that may be imposed for fraud. |
[Subsection (5) amended by section 18(c) of Act No. 1 of 2013]