Higher Education Act, 1997 (Act No. 101 of 1997)RegulationsRegulations for the Registration of Private Higher Education Institutions, 2016Chapter 4 : Registration14. Determination of an application |
| (1) | The registrar must consider and determine an application for registration— |
| (a) | in accordance with section 54 of the Act and these regulations; |
| (b) | at least six months before the applicant intends to commence operations. |
| (2) | In determining the application of a foreign applicant, the registrar must independently verify the information contemplated in regulation 13. |
| (3) | In determining an application, the registrar must consider— |
| (a) | all the information and declarations provided by the applicant and any other relevant information; |
| (b) | the advice of the HEQC on the applicant's application for accreditation; |
| (c) | whether, if registered, the applicant in all its higher education programmes will maintain acceptable standards that are not inferior to standards at a comparable public higher education institution; |
| (d) | whether, if registered, the applicant in all its higher education programmes will comply with the requirements of the HEQC in terms of section 53(1)(b)(ii) of the Act; |
| (e) | whether the applicant has met all other relevant requirements of the Act; |
| (f) | a determination by the Minister relating to the scope and range of operations of institutions in terms of section 3(3) of the Act; |
| (g) | the distinction between a foreign juristic person and a local juristic person in terms of section 54(1)(b) of the Act; |
| (h) | the proposed programmes and qualifications and the respective sites where they are to be offered; |
| (i) | section 54(3) and (4) of the Act concerning provisional registration; |
| (j) | section 60 of the Act concerning conditions attached to registration or provisional registration; |
| (k) | regulation 19 concerning the registration name; |
| (I) | the rights of the general public, the students and the applicant; |
| (m) | the interests of the higher education system as a whole; and |
| (n) | any other requirement prescribed by the Minister in terms of section 53(1)(c) of the Act. |
| (4) | In light of subregulation (3) the registrar must determine whether to- |
| (a) | register the applicant in terms of section 54(1)(c) and 54(2)(a) of the Act; |
| (b) | grant provisional registration in terms of sections 54(3) and ( 4) of the Act, stating the terms of provisional registration; |
| (i) | the terms of provisional registration; |
| (ii) | the date by which the registrar must receive an application for the conversion of provisional registration; |
| (c) | impose conditions in terms of section 60 of the Act; or |
| (d) | deny the application in terms of section 54(2)(b) of the Act. |
| (5) | In determining whether to grant registration or provisional registration as contemplated in subregulation ( 4) the registrar must approve the programmes to be offered by the institution and the respective sites where they are to be offered. |
| (6) | Despite subregulation (4), 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) | A private higher education institution will be considered registered if it meets the relevant provisions of the Act and these Regulations. |
| (8) | Registration as contemplated in the Act and in these regulations, is not transferable from one institution to another. |