| (1) | The Minister may, by notice in the Gazette, declare any institution providing continuing education and training as a public college. |
[Subsection (1) amended by section 3(a) of Act No. 1 of 2013]
| (2) | The notice contemplated in subsection (1) must determine— |
| (a) | the date on which the institution becomes a public college; |
| (b) | the name of the public college; and |
| (c) | the physical location and the official address of the public college. |
| (3) | The Member of the Executive Council may act in terms of subsection (1) only— |
| (i) | after consulting the Minister and the council of the institution, if it is a public institution; |
| (ii) | with the concurrence of the responsible Minister, Member of the Executive Council or authority of the institution, if the institution is administered, controlled or funded by an organ of State other than the provincial department of education; or |
| (iii) | with the concurrence of the owner and the relevant Member of the Executive Council responsible for finance, if it is a private institution; and |
| (i) | published a notice in one or more newspapers circulating in the area in which the institution provides continuing education and training, containing the reasons for the declaration referred to in subsection (1); |
[Subparagraph (i) amended by section 3(b) of Act No. 1 of 2013]
| (ii) | given any interested person an opportunity to make representations; and |
(iii) considered such representations.
