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Memorandum from the Parliamentary Office
NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION 110
DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 9 MARCH 2012
(INTERNAL QUESTION PAPER 6 OF 2012)
Mr M J R de Villiers (DA-Mpumalanga) to ask the Minister of Higher
Education and Training:
1. What are the national (a) norms and (b) standards that were
determined for Further Education and Training (FET) colleges to
qualify as (i) private and (ii) public institutions;
2. (a) how many applications for registration as a private college for
FET were (i) received, (ii) processed and (iii) successfully
registered in the 2010-11 financial year, (b) which applications were
not processed, (c) what are the reasons for the delay in each case and
(d) what are the further relevant details;
3. whether he has been informed of any institutions operating as a
private FET college that are not registered; if not, how was this
conclusion reached; if so, what (a) plans are in place to curb this
practice of non-compliance and (b) are the further relevant details?
CW156E
REPLY:
1. (a) and (b) The establishment of an FET College, whether public or
private, is in terms of the legislation. For instance, Sections 3 and 4
in Chapter 2 of the Further Education and Training Colleges Act, 2006
(Act No.16 of 2006)(hereafter referred to as the âActâ) provide clear
guidance on the processes and procedures to be followed for the
establishment of public colleges and declaration thereof.
Further, Chapter 6 of the Act, enjoins all private institutions that
offer FET qualifications to register with the Department of Higher
Education and Training (DHET). The Act together with the Regulations for
the Registration of Private Further Education and Training Colleges, 2007
require private education institutions to meet the following eligibility
criteria and requirements in order to qualify to be registered as private
FET colleges:
⢠Offering or proposing to offer full qualifications that are
registered at Levels 2 to 4 of the National Qualifications
Framework (NQF);
⢠Registration as a juristic person in terms of the Companies Act,
2008 (Act No 71 of 2008);
⢠The quality assurance requirement under the General and Further
Education and Training Quality Assurance Act, 2001 (Act No. 58 of
2001);
⢠Occupational health and safety regulations;
⢠Financial sustainability (Audited annual financial statements);
⢠The requirements for student protection against unforeseen
institutional financial risks; and
⢠Income Tax requirements.
2. (a)(i) The DHET received a total of one-hundred and eighty-five (185)
applications for registration in the 2010/2011 financial year.
(ii) One-hundred and fifty-four (154) applications (83%) were
processed.
(iii) One-hundred and four (104) were successfully registered as
private FET colleges.
(b) Thirty-three (33) were not processed.
(c) The reason was that some of the information required to finalise the
applications was outstanding and did not meet the three-month due date
normally given for submission.
(d) As a matter of procedure and within the context of developmental
approach to registration, applications are screened for completeness and
validity of information. Should some of the information provided be
incomplete or invalid, the Department sends a letter to the said
institution informing it of outstanding information. In the letter the
institution is requested to submit the correct information and in a correct
format and this should be done within 3 months. If there is no information
submitted or incorrect information is submitted by the due date, the
Department proceeds and makes a determination on that application based on
the information of whatever nature is in its possession.
3. Yes, there were a few instances where the Department was informed of
private institutions that operated without registration. The majority of
illegal private institutions were exposed through complaints from
students and our own investigation. The names of these institutions are
continually submitted to the law-enforcement agencies for investigation
and subsequent closure.
(a) The DHET works closely with the South African Police Service (SAPS)
and other law enforcement agencies, in dealing with unregistered private
institutions. The Department issues defaulting private institutions with
letters informing them of their deregistration. The DHET advises students
who suspect that a private institution is not registered to report the
matter to the nearest police station for investigation and possible
prosecution.
(b) Recently the Minister of Police established a National Task Team,
headed by 3 colonels, that is charged with stamping out unregistered
private institutions. The National Task Team is in the process of
establishing Provincial Task Teams to deal with unregistered private
institutions on the ground. The Department will have direct contact with
the Provincial Task Teams and will hence forth refer all unregistered
private institutionsâ matters to them for further investigation.
Compiler/contact persons: Dr PM Buthelezi
Ext: 6017
DIRECTOR â GENERAL
STATUS:
DATE:
QUESTION 110 APPROVED/NOT APPROVED/AMENDED
Dr B NZIMANDE, MP
MINISTER OF HIGHER EDUCATION AND TRAINING
STATUS:
DATE: