Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)Regulations for the Registration of Private Further Education and Training Colleges, 2007Chapter 4 : Determination12. Determination of an application |
| 1) | The registrar must consider and determine an application for registration - |
| a) | in accordance with section 31 of the Act; and |
| b) | at least six months before the applicant's proposed date of commencement of operation. |
| 2) | In determining the application of a foreign applicant, the registrar must verify the information contemplated in regulation 11. |
| 3) | In determining an application, the registrar must consider - |
| a) | all information provided by the applicant; |
| b) | the advice of Umalusi on the applicant's application for accreditation; |
| c) | whether the applicant complies with all the requirements for registration in terms of the Act and these regulations; |
| d) | the differentiation between a foreign juristic person and a local juristic person in terms of section 31 (1)(b) of the Act; |
| e) | the proposed programmes and qualifications, and the sites where they are to be offered; |
| f) | section 37 of the Act concerning conditions that may be attached to registration or provisional registration; |
| g) | the rights of the general public, the students and the applicant; and |
| h) | the interests of further education and training as a whole. |
| 4) | In the light of subregulations (1) to (3), the registrar must determine whether to - |
| a) | register the applicant under section 31(2) of the Act; |
| b) | register the applicant provisionally under section 31(3) of the Act and state the terms of provisional registration; |
| c) | impose conditions in terms of section 37 of the Act; or |
| d) | deny the application. |
| 5) | The registrar must, after considering the advice contemplated in subregulation (3)(b), stipulate the approved 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 head of the relevant provincial education department of the registration or provisional registration of a private college in that province. |