Higher Education Act, 1997 (Act No. 101 of 1997)

Chapter 3 : Public Higher Education Institutions

22. Consequences of declaration as public higher education institutions
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(1)From the date determined in terms of section 21(2)(a)—
(a)the education institution is deemed to be a public higher education institution established under this Act or a subdivision of such public higher education institution, as the case may be;
(b)the assets, liabilities, rights and obligations of the education institution devolve upon the public higher education institution; and
(c)any agreement lawfully entered into by or on behalf of the education institution is deemed to have been concluded by the public higher education institution.

 

(2)Immovable property devolving upon the public higher education institution in terms of subsection (1)(b) must, subject to the concurrence of the Minister of Finance, be transferred to such institution without payment of transfer duty, stamp duty or other money or costs, but subject to any existing right, encumbrance, duty or trust on or over that property.

 

(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 higher education institution, make such endorsements on that title deed and such entries in the registers as may be required to register the transfer concerned.

 

(4)The declaration of an education institution as a public higher education institution under section 21(1) does not affect anything lawfully done by the education institution prior to the declaration.

 

(5)All funds which, immediately prior to the date determined in terms of section 21(2)(a) were vested in the education institution by virtue of a trust, donation or bequest must be applied by the public higher education institution in accordance with the trust, donation or bequest, as the case may be.

 

(6)Notwithstanding subsection (2), any fees charged by the Registrar of Deeds resulting from such transfer must be paid in full or in part from funds appropriated by Parliament for that purpose.