Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)RegulationsRegulations relating to Assistance to Victims in respect of Higher Education and Training, 20141. Definitions |
In these Regulations, any word or expression to which a meaning has been assigned in the Act bears the meaning so assigned and, unless the context indicates otherwise—
"accounting officer"
means the officer appointed by the Minister of Justice and Constitutional Development under section 42(6) of the Act;
means—
| (a) | an official in the Department designated by the Director-General for the purposes of dealing with applications for assistance in terms of these Regulations and matters related thereto; or |
| (b) | an employee of the National Students Financial Aid Scheme; |
"adult education and training"
means adult education and training as defined in section 1 of the Adult Education and Training Act;
"Adult Education and Training Act"
means the Adult Education and Training Act, 2000 (Act No. 52 of 2000);
"applicant"
means the following persons who apply for assistance in terms of regulation 11(1):
| (a) | A victim; |
| (b) | a relative or dependant of a victim; or |
| (c) | a person who exercises parental responsibility over a victim or a relative or dependant of a victim and who applies for assistance on behalf of a victim or a relative or dependant of a victim. |
"application form"
means the form provided for in regulation 11(2);
"apprenticeship"
means an apprenticeship as defined in section 1 of the Skills Development Act;
"assistance"
means the monetary assistance provided for in regulation 5, 6, 7, 8, 8A, 8B and 8C of the Regulations;
[Definition substituted by regulation 2(a) of Notice No. R. 1373, GG 42101, dated 14 December 2018]
means—
| (a) | an assistive device referred to in Annexure 2 to the Regulations; |
| (b) | an assistive device approved by the administrator in terms of regulation 8B(5); |
| (c) | in the case of an electronic assistive device, the software required for the proper functioning of the assistive device; and |
| (d) | any upgrades or repairs of an assistive device required on an annual basis, |
but excludes a laptop, unless the beneficiary, due to his or her disability, needs a laptop with special requirements which exceeds the amount provided for in regulation 8A(1)(b);
[Definition inserted by regulation 2(b) of Notice No. R. 1373, GG 42101, dated 14 December 2018]
"beneficiary"
means a victim or a relative or dependant of a victim in respect of whom an application for assistance has been approved;
for the purposes of regulation 15A means the Novel Coronavirus (2019-nCov2) which is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during 2019 and was declared a global pandemic by the World Health Organisation in 2020;
[Definition inserted by section 2 of Notice No. R. 1194, GG43891, dated 6 November 2020]
"centre"
means a centre as defined in section 1 of the Adult Education and Training Act;
"college"
means a college as defined in section 1 of the Further Education and Training Colleges Act;
"days"
means calendar days;
"dedicated official"
means an official in the Department of Justice and Constitutional Development designated by the Director-General of that Department for the purposes of verifying the status of an applicant in terms of regulation 13;
means the Government department responsible for higher education and training at national level;
for the purposes of regulation 8A includes—
| (a) | accessories, equipment, an instrument, a tool or any other similar item or article and protective gear or clothes; and |
| (b) | in the case of an electronic device, the software required for the proper functioning of the device; |
but excludes an assistive device required by a person with a disability.
[Definition inserted by regulation 2(b) of Notice No. R. 691, GG 40988, dated 18 July 2017]
"Director-General"
means the Director-General of the Department of Higher Education and Training;
means—
| (a) | a disability recognised in the United Nations Convention on the Rights of Persons with Disabilities (2007); |
| (b) | a disability contemplated in the White Paper on the Rights of Persons with Disabilities issued by the Minister of Social Development in Government Notice No. 230 in Government Gazette No. 39792 dated 9 March 2016; and |
| (c) | any chronic illness or chronic medical condition which manifests as a physical, mental, intellectual or sensory impairment which limits substantially the person's daily functioning and severely impacting on the teaching and learning process of the person; |
[Definition inserted by regulation 2(c) of Notice No. R. 1373, GG 42101, dated 14 December 2018]
"fees"
includes—
| (a) | money paid or payable by a person in relation to the attendance of or participation in— |
| (i) | a learning and training programme offered by a centre, to a learner; |
| (ii) | a learning and training programme offered by a college, to a student; |
| (iii) | a learning programme offered by a higher education institution, to a student; or |
| (iv) | a learnership or apprenticeship offered by a college to a learner; |
| (b) | any fee for registration; |
| (c) | administrative costs; |
| (d) | costs relating to student counselling; |
| (e) | tuition fees; and |
| (f) | costs relating to work placement; |
"Fund"
means the Fund established under section 42(1) of the Act;
"fund administrator"
means the officer designated by the Minister of Justice and Constitutional Development under section 42(5) of the Act;
"further education and training"
means further education and training as defined in section 1 of the Further Education and Training Colleges Act;
"Further Education and Training Colleges Act"
means the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006);
"higher education"
means higher education as defined in section 1 of the Higher Education Act;
means the Higher Education Act, 1997 (Act No. 101 of 1997);
"higher education and training"
means—
| (a) | adult education and training; |
| (b) | further education and training; and |
| (c) | higher education; |
means—
| (a) | a centre; |
| (b) | a college; or |
| (c) | a higher education institution; |
means a higher education institution as defined in section 1 of the Higher Education Act;
means the following persons who live together:
| (a) | A person married to a victim under any law, custom or belief; |
| (b) | a child of a victim irrespective of whether or not the child was born of unmarried parents or was adopted; |
| (c) | a grandchild of a victim; |
| (d) | the parents of a victim; and |
| (e) | the grandparents of a victim; |
for the purposes of regulation 8C means a service rendered by a sighted guide, note taker, tutor, carer or sign language interpreter to a beneficiary with a disability;
[Definition inserted by regulation 2(d) of Notice No. R. 1373, GG 42101, dated 14 December 2018]
"learner"
means—
| (a) | a learner as defined in section 1 of the Adult Education and Training Act; and |
| (b) | a learner as defined in section 1 of the Skills Development Act; |
"learnership"
means a learnership as contemplated in the Skills Development Act but excludes a skills programme;
"Minister"
means the Cabinet member responsible for higher education and training at national level;
means the juristic person established by section 3 of the National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999);
"organ of state"
means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;
"private higher education and training institution"
means—
| (a) | a private centre as defined in the Adult Education and Training Act; |
| (b) | a private college as defined in the Further Education and Training Colleges Act; or |
| (c) | a private higher education institution as defined in the Higher Education Act; |
"public higher education and training institution"
means—
| (a) | a public centre as defined in the Adult Education and Training Act; |
| (b) | a public college as defined in the Further Education and Training Colleges Act; or |
| (c) | a public higher education institution as defined in the Higher Education Act; |
"qualification"
means a qualification as defined in section 1 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
"relative or dependant of a victim"
means a relative or dependant of a victim as determined by the President in terms of Regulation 1(2) of the Regulations relating to Measures to Provide Urgent Interim Reparation to Victims, published under Government Notice No. R. 545 of 3 April 1998, in accordance with section 40(1)(c) of the Act;
"skills development"
means skills development as contemplated in the Skills Development Act;
"Skills Development Act"
means the Skills Development Act, 1998 (Act No. 97 of 1998);
"Social Assistance Act"
means the Social Assistance Act, 2004 (Act No. 13 of 2004);
"student"
means a student as defined in the Higher Education Act and the Further Education and Training Colleges Act;
"the Act"
means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995);
means a person contemplated in the definition of "victim" in section 1 of the Act, and who has been found by the Truth and Reconciliation Commission to be a victim, in accordance with the provisions of the Act;
"vulnerable household"
means a household, which at the date of the application for assistance, consists of four or more members and where—
| (a) | the majority of the members of the household is over the age of 65 years; |
| (b) | the majority of the members of the household is receiving social assistance in terms of the Social Assistance Act; |
| (c) | one of the members of the household, irrespective of his or her age, is physically or mentally disabled as contemplated in section 9 of the Social Assistance Act; |
| (d) | one of the members of the household, who is under the age of 18 years, must work in order to contribute to the income of the household due to the limited income of that household; or |
| (e) | only one member of the household is working; |
"work placement"
means work placement as contemplated in the Skills Development Act.