Higher Education Act, 1997 (Act No. 101 of 1997)RegulationsRegulations for the Registration of Private Higher Education Institutions, 2016Chapter 6 : Responsibility of an Institution23. Registered programmes |
| (1) | An institution must offer only such approved programmes on only such sites as are approved by the registrar and included in the registration certificate. |
| (1A) | Notwithstanding subregulation (1), an institution may offer programmes not leading to a qualification on the NQF provided that a list of such programmes is provided to the registrar in its annual report. |
| (1B) | An institution must identify programmes that do not lead to a qualification on the NQF and state explicitly that all programmes leading to a qualification on the NQF must be accredited by the relevant Quality Council and approved by the Department of Higher Education and Training. |
| (2) | An institution must ensure that any approved programme is continued long enough to enable any cohort of students to complete the full programme, but if unavoidable circumstances prevent this— |
| (a) | the registrar must be informed within 10 working days after the institution becomes aware of such circumstances; |
| (b) | the institution must make reasonable arrangements to enable the affected students to complete the programme at a comparable public or private institution; and |
| (c) | despite (b), the institution must ensure that its students are appropriately reimbursed or compensated by utilising the financial surety or guarantee referred to in regulation 13(2); |
| (3) | An institution must submit an application for amendment to the registrar in terms of regulation 4 if it intends to withdraw, indefinitely suspend or add a programme or site. |
| (3A) | An institution must not outsource or franchise the delivery of its programmes with respect to: |
| (a) | registration; |
| (b) | tuition; |
| (c) | teaching and learning support; and |
| (d) | assessment and certification. |
| (3B) | Any private higher education institution that does not comply with subregulation 3(A) is guilty of an offence in terms of section 66(1) of the Act and is liable on conviction to a sentence which may be imposed for fraud. |