Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)Chapter 2 : Public Colleges5. Consequences of declaration as public college |
| (1) | From the date determined in terms of section 4(2)(a)— |
| (a) | the institution in question is regarded as being a public college established under this Act; |
| (b) | the assets, liabilities, rights and obligations of the institution vest in the public college; and |
| (c) | any agreement lawfully entered into by or on behalf of the institution must be regarded as having been concluded by the public college. |
| (2) |
| (a) | Immovable property vesting in the public college in terms of subsection (1)(b) must, subject to the concurrence of the Minister of Finance, be transferred into its name without payment by it of any transfer duty, stamp duty or other duty or costs due to the State, but subject to any existing right, encumbrance or trust on or over that property. |
| (b) | Any fees charged by the Registrar of Deeds resulting from a transfer contemplated in paragraph (a) must be paid in full or in part from funds appropriated by the provincial legislature for that purpose. |
| (3) | The officer in charge of a deeds office or other office where the immovable property contemplated in subsection (2) is registered must, on submission of the title deed and on application by the public college, make such endorsements on that title deed and such entries in the registers as may be required to register the transfer in question. |
| (4) | The declaration of an institution as a public college in terms of section 4(1) does not affect anything lawfully done by the institution before the declaration. |
| (5) | All funds which, immediately before the date determined in terms of section 4(2)(a), were vested in the institution by virtue of a trust, donation or bequest must be applied by the public college in accordance with the trust, donation or bequest, as the case may be. |
| (6) | The Member of the Executive Council must in the notice contemplated in section 3(1) establish an interim council for the public college for a period not exceeding six months to perform the functions relating to the governance of the college until a council is established in terms of section 9(1). |
| (7) | The Member of the Executive Council may extend the period referred to in subsection (6) once for a further period not exceeding six months. |
| (8) | The composition of the interim council must be in accordance with section 10(4) and (7). |
| (9) | The interim council must co-opt three members of the interim management contemplated in subsection (10)(a) and these co-opted members have no voting powers. |
| (10) | Apart from the functions contemplated in subsection (6), the interim council must in particular- |
| (a) | appoint an interim body to manage the day-to-day activities of the college; and |
| (b) | ensure that such other structures as may be determined in terms of this Act are constituted. |
| (11) | Any decision of the interim council which may affect the right of any structure of the public college, may only be taken after consultation with such structure. |
| (12) | Despite sections 197 and 197A of the Labour Relations Act, contracts of employment between the institution and its employees are transferred automatically on declaration of an institution as a public college as from the date of the declaration contemplated in section 4, but any redeployment of an employee as a consequence of the declaration is subject to applicable labour legislation. |