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

Regulations

Regulations for the Registration of Private Higher Education Institutions, 2016

Chapter 6 : Responsibility of an Institution

27. Information required by the registrar

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An institution must submit such information as the registrar may reasonably require for the purpose of monitoring compliance with the Act and maintaining the higher education information management system, including but not restricted to—

(1) an annual report to be submitted on or before 30 April of each year and comprising:
(i) audited annual financial statements as contemplated in section 57(1)(b) of the Act to be submitted in the form specified by the Department of Higher Education and Training;
(ii) an annual auditor's report as contemplated in section 57(2) of the Act to be submitted by a date determined by the registrar in the form specified by the Department of Higher Education and Training;
(iii) a certified copy of any agreement relating to the provision of academic or administrative services or the sharing of staff or facilities between the institution and another institution;
(iv) any other annual reporting information in a form specified by the registrar to be submitted on or before 30 April of each year.
(2) information required in respect of the monitoring and evaluation contemplated in regulation 15; and
(2A ) proof of compliance with the requirements for registration in respect of which it was granted provisional registration must be submitted by a provisionally registered institution in its annual report on a date determined by the registrar;
(2B ) certified copies of all partnership agreements entered into providing that;
(a)the agreement is only between registered private higher education institutions or between a registered private higher education institution and a public higher education institution;
(b) the agreement relates to the provision of academic or administrative services or the sharing of staff or facilities;
(c) the agreement is not for the purposes of outsourcing or franchising of the provision of higher education;
(d) the agreement excludes the provision of any programmes by a public higher education institution on behalf of a private higher education institution; and
(e) public higher education institutions assume full responsibility for the provision of their academic programmes.
(2C ) certified copies of the agreement for the joint use of a facility that include—
(a) a signed declaration that the agreement entered into complies with the requirements of 2(B)(b) and (c) above; and
(b) a certified copy of the compliance certificate as contemplated in regulation 12;
(c) any other information in a form specified by the registrar.
(2D) In the application contemplated in regulations 3, 4 and 5, an applicant must submit a signed declaration that if registered or provisionally registered, the institution must comply with—
(a) a periodic evaluation of the institution by the registrar at intervals to be determined by the registrar; and
(b) any other reasonable process arranged by the registrar after consultation with the institution for the purpose of monitoring compliance with the requirements of the Act and the conditions of registration as imposed by the registrar in terms of section 60 of the Act.