Chairperson, hon Minister and hon members, the New NP has a few concerns regarding this Bill, and the first one is clause 2. This clause makes provision for the Minister, in terms of the policy, and in the interest of the higher education system as a whole, to determine the scope and range of operations of public higher education institutions, private higher education institutions and individual public or private higher education institutions.
With regard to clause 4, although the amendment stems from a desire to address the financial irregularities at some institutions, the impact of the proposed amendments on those institutions that do not make themselves guilty of financial mismanagement should be considered. The solution, in our view, lies in good governance by all higher education institutions.
Our concern with regard to clause 7 is that this amendment is most probably unconstitutional, since it infringes on the right to establish and maintain educational institutions. If there are valid reasons for which an application by private education providers may be refused, these must be expressly set out and prescribed. They may then be tested against the limitation provision in section 36 of the Constitution. The New NP cannot support this Bill.