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

Chapter 2 : Council on Higher Education

5. Functions of CHE

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(1)The CHE may advise the Minister on any aspect of higher education on its own initiative and must—
(a)advise the Minister on any aspect of higher education at the request of the Minister;
(b)arrange and co-ordinate conferences;
(c)subject to section 7(2), through its permanent committee, the Higher Education Quality Committee
(i)promote quality assurance in higher education;
(ii)audit the quality assurance mechanisms of higher education institutions; and
(iii)accredit programmed of higher education;
(d)publish information regarding developments in higher education, including reports on the state of higher education, on a regular basis;

[Section 5(1)(d) amended by section 1 of Act No. 38 of 2003]

(e)promote the access of students to higher education institutions; and
(f)perform any other function—
(i)conferred on or assigned to it in terms of this Act or the National Qualifications Framework Act;

[Section 5(1)(f)(i) amended by section 2 of Act No. 39 of 2008]

(ii)delegated or assigned to it by the Minister by notice in the Gazette.

 

(2)The advice contemplated in subsection (1)(a) includes advice on—
(a)qualifications, quality promotion and quality assurance;

[Section 5(2)(a) amended by section 2 of Act No. 39 of 2008]

(b)research;
(c)the structure of the higher education system;
(d)the planning of the higher education system;
(e)a mechanism for the allocation of public funds;
(f)student financial aid;
(g)student support services;
(h)governance of higher education institutions and the higher education system; and
(i)language policy.

 

(3)The Minister must—
(a)consider the advice of the CHE; and
(b)provide reasons in writing to the CHE if the Minister does not accept the advice.

 

(4)The Minister may act without the advice of the CHE—
(a)if the matter is urgent; or
(b)if the CHE has failed to provide the advice within a reasonable time.

 

(5)If the Minister acts without the advice of the CHE the Minister must—
(a)notify the CHE of such action; and
(b)provide reasons in writing to the CHE for such action.