To amend the Higher Education Act, 1997, so as to provide for consequential matters arising out of incorporation of public higher education institutions in relation to labour and student matters; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-Amendment of section 24 of Act 101 of 1997 1. Section 24 of the Higher Education Act, 1997 (Act No.
"Sections 22(2) to (6) and 23(2), (2A) to (2H), with the changes required by the context apply to a incorporation referred to in subsection (1).".
This Act is called the Higher Education Amendment Act, 2003.
This Bill seeks to amend the Higher Education Act, 1997 (Act No. 101 of 1997).
This is necessary to clarify and bring legal certainty to issues that were introduced into the Act through the Higher Education Amendment Act, 2002 pertaining to mergers. These measures were erroneously not included in the Amendment Act, 2002 which creates an uncertainty pertaining to these matters when the incorporation takes place.
transitional arrangements relating to, for example, the academic programmes offered by institutions prior to a merger or declaration.
labour relations - there is potential legal uncertainty with regard to the applicability of section 197 of the Labour Relations Act, 1995 (LRA) in relation to the Higher Education Act. The amendment seeks to make it clear that all contracts of employment will be automatically transferred by operation of the law to the new institution. This approach is in line with section 197 of the LRA.
FINANCIAL IMPLICATIONS FOR THE STATE No additional costs are foreseen as result of these amendments.
This Bill is published to obtain comments from all role players. Advice will be formally sought from the Council on Higher Education (CHE).
GOVERNMENT GAZETTE, 29 APRIL 2003 No.
It is the view of the state law advisors and of the Department of Education that this Bill must be dealt with in accordance with the procedures established by section 75 of the Constitution.