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

Chapter 7 : Private Higher Education Institutions

51. Authority to provide higher education

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[Section 51 heading substituted by section 31(a) of Notice No. 21, GG 40548, dated 17 January 2017]

 

(1)No local juristic person or foreign juristic person other than a public higher education institution or an organ of state may provide higher education unless that person is—
(a)in the prescribed manner, registered or conditionally registered as a private higher education institution in terms of this Act; and
(b)registered or recognised as a juristic person in terms of the Companies Act, 2008 (Act No. 17 of 2008), before such person is registered or conditionally registered in accordance with paragraph (a).

[Section 51(1) substituted by section 31(b) of Notice No. 21, GG 40548, dated 17 January 2017]

 

(2)If the person contemplated in subsection (1) is a foreign juristic person, that person must ensure that any qualification or part-qualification offered within the Republic is registered on the sub-frameworks for higher education and trades and occupations on the National Qualifications Framework contemplated in section 7(b) and (c) read with section 13(1)(h) of the National Qualifications Framework Act.

[Section 51(2) substituted by section 31(c) of Notice No. 21, GG 40548, dated 17 January 2017]