The Further Education and Training Colleges Bill, 2006, is hereby published for comment.
Kindly provide the name, address, telephone and fax numbers and email address of the person or organisation submitting the comments.
The comments must reach the Department of Education by 26 June 2006.
The 3ill may also be obtained on www.education. Pov.
To provide for the regulation of further education and training; to provide for the establishment, governance and funding of public further education and training colleges; to provide for the employment of staffat public further education and training colleges; to provide for the registration of private further education and training colleges; to provide for quality assurance and quality promotion in further education and training; to provide for transitional arrangements and the repeal of laws; and to provide for matters connected therewith.
'vice-principal'includes a vice-rector.
This Act applies to all education institutions which have been established or declared as public colleges or registered as a private college in terms of this Act.
(€) The Member of the Executive Council may, by notice in the Provincial Gazette and from money appropriated for this purpose by the provincial legislature, establish a public college.
Every public college is a juristic person.
The Head of Department has the right to compile or inspect an inventory of all the assets of a public college.
Notwithstanding subsection (2), a public college may not, without the concurrence of the Member of the Executive Council, dispose of or alienate in any manner, any immovable property acquired with the financial assistance of the State or grant to any person any real right therein or servitude thereon.
determine that certain categories of assets below a certain value may be alienated without his or her concurrznce; and the value contemplated in paragraph (a) by notice in the provincial Gazette.
The assets of a public college may not be attached as a result of any legal action taken against the college.
The Member of the Executive Council may, by notice in the Provincial Gazette, declare any institution providing further education and training as a public college.
the name of the public college; and the physical location and the official address of the public college.
with the concurrence of the owner, if it is a private institution and the relevant Member of the Executive Council responsible for finance.
the assets, liabilities, rights and obligations of the college vest in the public college; and any agreement lawfully entered into by or on behalf of the college is regarded as having been concluded by the public college.
Immovable property vesting in the public college in terms of subsection (I) (b) must, subject to the concurrence of the Minister of Finance, be transferred into its name without payment by it of transfer duty, stamp duty or any other duty or costs due to the State, but subject to any existing right, encumbrance or trust on or over that property.
The officer in charge of a deeds office or other office where the immovable property contemplated in subsection (2) is registered must, on submission of the title deed and on application by the public college, make such endorsements on that title deed and such entries in the registers as may be required to register the transfer in question.
The declaration of an institution as a public college under section 4 (1) does not affect anything lawfully done by the institution prior to the dectaration.
(a), were vested in the institution by virtue of a trust, donation or bequest must be applied by the public institution in accordance with the trust, donation or bequest, as the case may be.
Notwithstanding subsection (2), any fees charged by the Registrar of Deeds resulting from such transfer must be paid in full or in part from funds appropriated by the provincial legislature for that purpose.
The Member of the Executive Council may extend the period referred to in subsection (7) once for a further period not exceeding six months.
The composition of the interim council must be in accordance with the provisions of subsections 1 and (7).
and these co-opted members have no voting powers.
ensure that such other structures as may be determined in terms of this Act are constituted.
Any decision of the interim council which may affect the right of any structure of the public college, may only be taken after consultation with such structure.
Subject to subsection (2), the Member of the Executive Council may, by notice in the Provincial Gazette, merge two or more public colleges into a single college.
consider such representations; and be satisfied that the employers of staff at the public colleges in question have complied with their obligations in terms of the applicable labour law.
The single college contemplated in subsection (I) is regarded as a public college established under this Act.
and subsections (2) to (6)of section 5 apply with the necessary changes required by the context, to a merger referred to in subsection (I).
The councils of the colleges that are merged must have a meeting before the merger to constitute a single interim council comprising of all members of the councils concerned for a period not exceeding six months.
The Member of he Executive Council may extend the period referred to in subsection (5) once for a further period not exceeding six months.
Notwithstanding sections 197 and 197A of the Labour Relations Act, 1995 (Act 66 of 1995), the contracts of employment between the public college and its employees are transferred automatically to the merged single public college as from the date of the merger contemplated in subsection (I), but any redeployment of an employee as a consequence ofthe merger is subject to applicable labour legislation.
If two or more public colleges are merged into a single public college as contemplated in subsection (I), all the rights and obligations between the former employers and each employee at the time of the merger continue in force as if they were rights and obligations between the new employer and each employee and anything done before the merger by or in relation to the former employers is considered to have been done by or in relation to the new employer.
A merger referred to in subsection (1) does not interrupt the employee's continuity of employment.
The provisions of subsections (10) to (15) do not affect the liability of any person to be disciplined for, prosecuted for, convicted of and sentenced for any offence or misconduct.
An employee or a student is subject to the disciplinary codes and rules applicable to the new single public college as from the date of the merger contemplated in subsection (I), but if any enquiry into incapacity or any proceedings in respect of a charge of misconduct had been instituted or commenced against any employee or student before the date of the merger, such enquiry or proceedings continue in terms of the codes and rules applicable to the relevant public college immediately prior to the merger.
Until the new single public college has made disciplinary codes or rules, the disciplinary codes and rules of the respective old public college are applicable to the respective employees and students.
(I 3) Notwithstanding subsection (10), the former employer may undertake rationalisation of its workforce according to operational requirements in accordance with section 189 of the Labour Relations Act, 1995 (Act 66 of 1995), prior to the date of the merger contemplated in subsection (1).
If two or more public colleges are merged into a single public college as contemplated in subsection (I), the new single public college continues with all academic programmes offered by the former colleges under the rules applicable to the respective colleges immediately before the date of the merger, until such programmes and rules are amended or restructured by the new council.
the type and name of the college; and address of the college.
it is in the public interest; or he or she was so requested by the councils of such colleges.
given written notice to the colleges in question of the intention to merge them; given notice in the Provincial Gazette of his or her intention so to act; given the councils of the colleges in question and interested parties an opportunity to make written submissions within a period of not less than 90 days; considered all such submissions; and satisfied himself or herself that the employers of staff at the public colleges have complied with their obligations in terms of the applicable labour law.
Any council which is the subject of a riotice in terms of subsection (2) continues to exist until the first meeting of the council constituted in terms of this section.
The Member of the Executive Council may, by notice in the Provincial Gazette, close a public college.
any assets remaining after payment of all liabilities vest in the Member of the Executive Council.
Subsections (2) to (6) of section 5 and section 6 (2) apply with the necessary changes required by the context, to a closure referred to in subsection (1).
Every public college must establish a council, an academic board, a student representative council and such other structures as may be determined by the council subject to the approval of the Member of the Executive Council.
chairperson and other office bearers from among its members in the manner determined by the Member of the Executive Council by notice in the Provincial Gazette or in terms of a provincial law.
The chairperson, vice-chairperson or other office bearers of the council may not be students or members of the staff of the college, but the secretary may be a member of staff.
procedures for the tilling of vacancies; and any other matter necessary for the election, appointment or assumption of office.
The council of a public college must perform all the functions, including the development of a college statute, which are necessary to govern the public college, subject to this Act and any applicable national or provincial law.
determine the language policy of a public college, subject to the approval of the Head of Department; and ensure that the public college is accredited to provide learning programmes in terms of standards and qualifications as registered on the National Qualifications Framework.
The council, after consultation with the student representative council, must provide for a suitable structure to advise on policy for student support services within the public college.
one staff member other than lecturer staff, elected by such staff of the public college.
The council must appoint four additional persons with financial, human resources and legal skills in consultation with the Member of the Executive Council, in addition to the members contemplated in subsection (4).
The number of persons contemplated in subsection (4)(c) to (g) and the manner in which they are elected, where applicable, must be determined by the Member of the Executive Council by notice in the Provincial Gazette or in terms of a provincial law.
employed by the Member of the Executive Council; and employed by the council.
must be persons with knowledge and experience relevant to the objects and governance of the public college in question; and must participate in the deliberations of the council or interim council in the best interest of the public college in question.
such members appreciate the role of further education and training in reconstruction and development; and the council is broadly representative of the community served by the public college in respect of race, gender and disability.
organised business; and organised labour.
The Member of the Executive Council must consider the nominations received and from the persons so nominated must appoint the number of members as determined in terms of subsection (5).
ensuring that the requirements of accreditation to provide learning against standards and qualifications registered on the National Qualifications Framework are met; and performing such other functions as may be delegated or assigned to it by the council.
Subject to the approval of the council and to policy, the academic board must determine the learning programmes provided by the public college.
members of the student representative council; and 0 such additional persons as may be determined by the council.
and the manner in which they are appointed or elected, as the case may be, must be determined by the council.
The majority of members of the academic board must be members of the lecturer staff of the public college in question.
The council and the academic board of a public college may each establish committees to perform any of their functions and may appoint persons who are not members of the council or the academic board, as the case may be, as members of such committees.
The chairperson of a committee must be a member of the council or academic board, as the case may be.
The council and the academic board are not divested of responsibility for the performance of any function delegated or assigned to a committee.
The council and the academic board of a public college may jointly establish committees to perform functions which are common to the council and the academic board.
procedure at meetings; and dissolution of a committee.
The provisions in subsection (5) will also apply to a joint committee.
The principal of a public college is responsible for the management and administrationof the college.
The establishment, composition, manner of election, term of office, functions and privileges of the student representative council of a public college must be determined by the council after consultation with the students and lecturers of the college, subject to provincial policy.
Every student at a public college is subject to a code of conduct, disciplinary measures and procedures which are determined by the council subject to provincial policy.
The code of conduct, disciplinary measures and procedures may only be made after consultation with the academic board and the student representative council of the public college concerned.
must in particular deal with measures to curb racism, sexual violence and sexual harassment, or any other form of violence and harassment.
A person may not administer corporal punishment to a student at a college.
is guilty of an offence and liable on conviction to a sentence which may be imposed for assault.
Any person who contravenes subsection (3) is guilty of misconduct and disciplinary action must be institukd against such a person.
In addition to subsection (4), a person may institute civil action against a person or a group who manipulated and forced that person to conduct or participate in any initiation practices.
destroys public or private property.
In considering whether the conduct or participation of a person in any initiation practices falls within the definition of subsection (6), the relevant disciplinary authority referred to in subsection (4) must take into account the right of the student not to be subjected to such practices.
Subject to the approval of the Head of Department, the council of a public college determines the admission policy of the college after consulting the academic board of the college.
The admission policy of a public college may not unfairly discriminate in any way and must provide appropriate measures for the redress of past inequalities.
such minimum requirements for readmission.
The council of a public college must ensure that the college is accessible to disabled students where reasonably practicable.
must make use of the standard college statute in schedule I.
The Member of the Executive Council must appoint management staff, in terms of the Public Service Act.
2 The management staff must report to and be accountable to the council in respect of matters of governance and functions allocated to it by the council in terms of this Act.
The council is the employer of ail lecturers and non lecturers.
Despite subsection (I), the principal must comply with the decisions of the council in respect of matters of governance and report to the Head of Department in terms of his or her performance agreement.
Public colleges must establish a bargaining council to negotiate conditions of employment.
The council must adopt a Code of Conduct for lecturers and non-lecturers.
Subject to this Act, the Labour Relations Act, Basic Conditions of Employment Act, subsection (2) and any other applicable law, the college must establish posts for lecturers and non-lecturets.
The council must appoint staff from the funds allocated in terms of national norms and standards and other income received by the college from other sources.
the functions and duties of lecturers and non-lecturers, conditions of service and privileges of the lecturers and non-lecturers which must not be inferior to those provided in terms of the Public Service Act.
The lecturers and non-lecturers must be accountable to the principal.
When presenting the annual budget contemplated in section 25 the Council must provide sufficient details of any posts envisaged in terms of subsection (I), inciuding the estimated cost relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met.
a bargaining council established in terms of the Labour Relations Act if the employer or employee parties to the dispute fall within the registered scope of a bargaining council; or the Commission for Conciliation, Mediation and Arbitration as established by section 12 of the Labour Relations Act if no bargaining council has jurisdiction.
The party referring the dispuEe must satisfy the bargaining council or the Commission for Conciliation, Mediation and Arbitration that a copy of the referral has been served on the other party.
The bargaining council or the Commission for Conciliation, Mediation and Arbitration must attempt to resolve the dispute through conciliation.
If the bargaining council or the Commission for Conciliation, Mediation and Arbitration is satisfied that the dispute remains unresolved, a party may refer the dispute to the Labour Court as established in terms of section 151 of the Labour Relations Act for adjudication.
The Member of the Executive Council must from money appropriated for this purpose by the provincial legislature fund public colleges on a fair, equitable and transparent basis, apart from further education and training programmes offered in a school which is governed and funded in terms of the South African Schools Act.
any reasonable condition in respect of an allocation of funding contemplated in subsection (1); and different conditions in respect of different public colleges, different further education and training programmes or different allocations, if there is a reasonable basis for such differentiation.
Further to the requirements in the norms and standards contemplated in section 23, the Member of the Executive Council must, after consultation with the appropriate advisory body in a province, determine further appropriate measures for the redress of past inequalities.
The Member of the Executive Councii must, on an annual basis, provide sufficient information to public co!
to enable the colleges to prepare their budgets for the next financial year.
Subject to the Constitution and this Act, the Minister must determine minimum norms and standards for the funding of public colleges, after, consultation with the Council of Education Ministers and the Minister of Finance.
money received from students or employees of the public college for accommodation or other services provided by the public college; and other funds from any other source.
Public colleges may not raise money by means of loans or overdraft without the approval of the Member of the Executive Council.
If a person lends money or grants an overdraft to a public college without the approval of the Member of the Executive Council, the State and the college is not bound by the contract of lending money or an overdraft agreement.
keep records of all its proceedings; ana keep complete accounting records of all assets, liabilities, income and expenses and any other financial transactions of the public college as a whole, of its substructures and of other bodies operating under its auspices.
The Council of a public college must appoint an auditor to audit the records and financial statements referred to in this section.
a duly audited statement of income and expenditure; and a balance sheet and cash flow statement.
The council of a public college must provide the Member of the Executive with such additional information as the Member of the Executive Council may reasonably require.
If the council of a public college fails to comply with any provision of this Act under which an allocation from money appropriated by the provincial legislature is paid to the college, or with any condition subject to which any allocation is paid to the public college, the Member of the Executive Council may call upon the council to comply with the provision or condition within a specified period.
The Director-General is the registrar of private colleges.
The Minister may designate any other employee of the Department of Education to assist the registrar in the performance of his or her functions in terms of this chapter.
The registrar may delegate any of his or her functions in terms of this Act to an employee contemplated in subsection (2).
The juristic person contemplated in subsection (I)(a), may not be a public company or a holding company as defined in the Companies Act 6I of 1973.
An application for registration as a private college must be made to the registrar in the manner determined by the registrar and must be accompanied by the prescribed fee.
complies with any other reasonable requirement prescribed by the Minister; and does not discriminate on the basis of race.
The registrar may require further information, particulars and documents in support of any application for registration.
may, when considering the application, differentiate between a foreign juristic person and local juristic person with regard to matters such as its scope and range of operations, its size and its collegial configuration; and may register the applicant as a private college if the requirements for registration contemplated in section 30 are fulfilled.
as soon as practicable after the decision, publish the name of the applicant so registered, in the Gazette.
the relevant Head of Department of the registration of a private college in that province.
If the registrar decides not to grant the application, the registrar must advise the applicant in writing of the decision and furnish the applicant with written reasons for the decision.
Notwithstanding subsection (I), the registrar may provisionally register an applicant, other than a foreign juristic person, who does not fulfil the requirements for registration contemplated in section 30, if the registrar believes that the applicant will be able to fulfil the relevant requirements within a reasonable period.
provide the certificate of provisional registration to the applicant; and as soon as practicable after the decision, publish the name of the applicant so provisionally registered, in the Gazette.
The registrar may, on good cause shown, extend the period referred to in subsection (4) (a).
If, on the expiry of the period referred to in subsection (4) (a) or any extension thereof, the applicant satisfies the requirements for registration specified by the registrar, the registrar must register the applicant in accordance with subsection (2) (a).
If, by the expiry of the period, the applicant fails to satisfy the requirements for registration specified by the registrar, the applicant's provisional registration lapses.
32 Certificate of registration its certificate of registration or provisional registration or a certified copy thereof on its premises; and its registration number and an indication that it is registered or provisionalty registered on all its ofkial documents.
If the registrar has cancelled the registration or provisional registration of a private college in terms of section 39, the private college must return the original certificate of registration or provisional registration to the registrar within 14 days of such cancellation.
Any person may inspect the register of private colleges and the auditor's report contemplated in section 34(2)(b).
The registrar must furnish a certified copy of, or extract from, any of the documents referred to in subsection (1) to any person who has paid the prescribed fee.
sheet as at the end of the previous year; and such other information as the registrar may reasonably require.
and furnish the registrar with any additional information, particulars or documents in the manner determined by the registrar.
in the manner determined by the registrar; and by paying the prescribed fee.
The registrar may not amend the registration or provisional registration of a private college unless he or she is satisfied that such amendment is in the interests of further education and training and is compatible with the provisions of this Act.
The registrar may require further information, particulars or documents in support of any application for such amendment.
If the registrar decides not to grant the application, he or she must advise the applicant in writing of the decision and furnish the applicant with written reasons for the decision.
its provisional registration; or any amendment of its registration or provisional registration.
in respect of different private colleges, if there is a reasonable basis for such differentiation.
Subject to section 40, the registrar may, on reasonable grounds, amend or cancel any condition imposed under section 37 or impose new conditions under that section.
Subject to section 40, the registrar may, on reasonable grounds, cancel any registration or provisional registration in terms of this Act.
If the accreditation of any hrther education and training programme offered by a private college is withdrawn, the registrar must review the registration of such college.
has granted the private college and other interested persons an opportunity to make written representations in relation to such action, within 30 working days of the notice of the Registrar; and has considered such representations.
Any interested party may appeal to the Minister against any decision of the registrar in terms of this Chapter.
An appeal referred to in subsection (I) must be lodged with the Minister within 60 days of the date of the decision of the registrar.
The Minister may, on good cause shown, extend the period within which an appeal may be noted against the decision of the registrar.
promote quatity assurance in further education and training; and assess and report on the quality of education and training provided at (b) colleges.
A college must prcvide learning and training programmes leading to a qualification for levels applicable to colleges as determined by the South African Qualifications Authority in terms of the South African Qualifications Authority Act, 1995 (Act 58 of 1995).
Quality assurance must be conducted by Umalusi in terms of the General and Further Education and Training Quality Assurance Act 58 of 2001.
A public college may only provide higher education programmes under the authority of a higher education institution.
A public college providing the higher education programmes contemplated in subsection (3) may only offer such programmes after obtaining permission from the Minister as contemplated in subsection (5).
must apply to the Minister after the commencement of this Act, for permission to offer such programmes; and may only offer such programmes if they are published by the Minister in the Government Gazette.
The Minister may prescribe minimum norms and standards on the scope and range of the programmes contemplated in subsection (3).
strategic plans; and use of resources in delivering quality education.
A college must make information available for inspection by any person, in so far as such information is required for the exercise and protection of the rights of such person.
Every college must provide such information about the college as is reasonably required by the Head of Department or the Director-General in consultation with the Head of Department.
The Head of Department, Director-General and any college must provide such information about the college or the quality of the further education and training as is reasonably required by the NBFET.
involve financial or other maladministration of a serious nature; or seriously undermine the effective functioning of the college; and fc the council of the college has failed to resolve such circumstances; and the appointment is in the interests of further education and training in an open and democratic society.
report in writing to the Member of the Executive Council on the findings of his or her investigation; and suggest appropriate measures to resolve the matter.
The Member of the Executive Council must as soon as practicable furnish a copy of the report referred to in subsection (2) to the council concerned.
The council of a public college may, with the approval of the Member of the Executive Council change the name of such public college.
The Member of the Executive Council must, by notice in the Provincial Gazette, publish the change of name of such college.
confers a qualification which purports to have been granted by a college, or in collaboration with a college; or purports to perform an act on behalf of a college; is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
Any person who pretends that a qualification has been awarded to him or her by a college, whereas in fact no such qualification has been so awarded, is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
Any person who contravenes section 28 is guilty of an offence and is liable on conviction to a fine or imprisonment not exceeding five years or to both such fine and imprisonment.
Any person who misrepresents that he or she is offering programmes that are accredited under the National Qualifications Framework is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
Neither the State, the NBFET nor any person appointed in terms of this Act is liable for any loss or damage suffered by any person as a result of any act performed or omitted in good faith in the course of performing any function for which that person was appointed in terms of this Act.
The state is not liable for any act or omission by the public college relating to its contractual responsibility as the employer in respect of staff employed in terms of section 20(2).
The state is liable for any damage or loss caused as a resuIt of any act or omission in connection with any educational activity conducted by a public college and for which such public coltege would have been liable but for the provisions of this section.
(Act 20 of 1957), apply to any claim under paragraph (a). Any claim for damage or loss contemplated in paragraph (a) must be instituted agzinst: he Member of the Executive Council concerned. Despite the provisions of paragraph (a), the State is not liable for any damage or loss caused as a result of any act or omission in connection with any enterprise or business operated under the authority of a public college for purposes of supplementing the resources of the college inctuding the offering of practical educational activities relating to that enterprise or business.
Any legal proceedings against a public college for any damage or loss contemplated in paragraph (d), or in respect of any act or omission relating to its contractual responsibility as employer may only be instituted after written notice of the intention to institute proceedings against the college has been given to the Head of Department for his or her information.
any employee of the Department; or any organ of State.
any employee in a provincial department responsible for education and training; or any organ of State.
The Director-General may, on such conditions as he or she may determine, delegate the exercise of any of his or her powers under this Act to any employee in the Department.
The council of a public college may, on such conditions as it may determine, delegate the exercise of any of its powers under this Act to other internal structures, or members of staff of such college.
any matter which the Minister is empowered or required to prescribe by regulation in terms of this Act; or any other matter in respect of which regulations are necessary or expedient in order to achieve the purpose of this Act.
This Act prevails over any legislation, if there is a conflict between any provisions dealing with further education and training.
The public further education and training institutions in Schedule 2 continue to exist and are deemed to be public colleges.
Members of the council, academic board, Student Representative Council continue to hold they are replaced in terms of this Act.
of the Labour Relations Act 66 of 1995.
Application for registration by private colleges made in terms of the Further Education and Training Act 98 of 1998 before the commencement of this Act must be deemed to be applications made in terms of this Act.
NBFET continues to exist until replaced by an advisory body in terms of the National Education Policy Act 27 of 1996.
The advisory body must advise the Minister on quality promotion and assurance.
consider any advice given by the advisory body; and provide reasons in writing to the advisory body if the Minister does not accept the advice.
the advisory body has failed to provide the advice within a reasonable time.
notify the advisory body of such action; and provide reasons in writing to the advisory body for such action.
by the Director-General; and body; and in respect of a province, by the Head of Department.
The existing code of conduct, disciplinary measures and procedures of colleges must continue to operate until new measures are determined in terms of this Act.
The Further Education and Training Act 98 of 1998 is hereby repealed.
Any regulations made or anything done under any provisions of any law repealed by this Act must be regarded as having been made or done under the corresponding provisions of this Act.
This Act shall be cited as the Further Education and Training Colleges Act, 2006.
42 No. 28806 GOVERNMENT GAZETTE.
Definitions 41 8.
Donors 57 44 No.
'private further education and training college' means any college registered or conditionally registered as a private further education and training college in terms of this Act; 'programmes' means a list of educational programmes approved and promulgated by the Minister in the Government Gazette; 'public further education and training college' means any further education and training col!
includes a vice-rector.
of the Further Education and Training Colleges Act.
Every public college is a juristic person with legal capacity to perform its functions in terms of this Statute and the Act.
the students of the college; and such other offices, bodies or structures as may be established by the council.
No vacancy in any of the offices contemplated in subsection (1) of the Statute nor any deficiency in the numbers or defect in the composition of the bodies or structures contemplated in subsection (1) of the Statute impairs or affects the existence of the college as a juristic person or any function conferred by the Act or this Statute upon the college.
Subject to the Act and this Statute the council governs the college.
determines and provides student support services after consultation with the SRC.
approves the annual budget of the college; and may conclude a loan or overdraft agreement, subject to the approval of the MEC.
At least 60 per cent of the members of the council must be persons who are not employed by the MEC or council, or students of the public college.
The council members must have knowledge and experience relevant to the objects and governance of the college.
The council has power to suspend, take disciplinary action against a member.
If 75 per cent or more of the members of the Council resign, the council is deemed to have resigned.
If the council resigns as contemplated in subsection (3) of the Statute a new council must be constituted in terms of this Statute and the Act.
of the Statute.
The chairperson, vice-chairperson and secretary of the council are elected for a period of two years.
The chairperson, vice-chairperson and secretary are eligible for re-election.
Nominations for the office of the chairperson, vice-chairperson and secretary of the council must be in writing and be directed to the electoral officer.
If more than one candidate is nominated, voting is by secret ballot.
Each member of the council has only one vote during a ballot and no proxy is at lowed.
Whenever a vacancy occurs in the office of the chairperson, vice-chairperson or secretary, the provisions of subsections(4) to (6) of the Statute apply with the necessary changes to the filling of such vacancy.
A person who fills a vacancy in terms of subsection (7) of the Statute holds office until the end of the term of his or her predecessor.
The council has at least four ordinary meetings during each academic year.
Notice of any motion for consideration at the next ordinary meeting must be in writing and must be lodged with the secretary at least 21 days before the date determined by the council for such meeting, provided that any matter of an urgent nature may, without prior notice, by consent of the chairperson and a majority of the members present, be considered at such meeting.
A special meeting may be called at any time by the chairperson.
A special meeting must be called by the chairperson at the request in writing of at least five members, the objective of such meeting clearly stated in the request, provided that at least seven days notice of a special meeting is given.
No business other than that which the special meeting was called for may be transacted at such meeting.
An emergency meeting may be called by the chairperson, or in his or her absence, by the principal at any time.
Notice of an emergency meeting may be given in any manner convenient under the circumstances.
The object of an emergency meeting must be stated to members and no business other than that stated may be transacted at such meeting.
The council members must participate in the deliberations of the council in the best interest of the public college.
Except where otherwise provided in this Statute, all acts or matters authorised or required to be done or decided by the council or its committees and all questions that may come before it are done or decided by the majority of the members present at any meeting, provided that the number present at any meeting is at least half plus one of the total number of members of the council or its committees holding office on the date of such meeting.
In the absence of the chairperson and the vice-chairperson of the council, the members present elect one of their members to preside at such meeting.
The first act of an ordinary meeting, after being constituted, is to read and confirm by the signature of the chairperson the minutes of the last preceding ordinary meeting and of any special meeting subsequently held, provided that the meeting may consider the minutes as read if a copy thereof was previously sent to every member of the council, provided further that objections to the minutes of a meeting are raised and decided before confirmation of the minutes.
A member of the council may not, without the consent of the meeting, speak more than once to a motion or to any amendment and the mover of any motion or any amendment has the right of reply.
Every motion or an amendment must be seconded and, if so directed by the chairperson, must be in writing.
A motion or an amendment seconded as contemplated in subparagraph (6), may not be withdrawn except with the consent of the meeting.
The chairperson has, on any matter, a deliberative vote and, in the event of an equality of votes, also a casting vo;e.
If so decided by the meeting, the number of members voting for or against any motion must be recorded in the minutes, or at the request of any member, the chairperson must direct that such votes be recorded.
When a majority of the members of the council reaches agreement on a matter referred to them by letter or electronic means by the chairperson, without convening a meeting, and conveys such resolution by letter or electronic means, such resolution is equivalent to a resolution of the council and must be recorded in the minutes of the next succeeding ordinary meeting.
The views of a member of the council who is unable to attend a meeting may be submitted to the meeting in wriiing but may not count as a vote of such member.
The ruling of the chairperson on a point of order or procedure is binding unless immediately challenged by a member, in which event such ruling must be submitted without discussion to the meeting whose decision is final.
A member of council may not have a conflict of interest with the public college.
A member of council who has a direct or indirect financial, personal or other interest in any matter to be discussed at a meeting and which entails or may entail a conflict or possible conflict of interest must, before or during such meeting, declare the interest.
Any person may, in writing, inform the chairperson of a meeting, before a meeting, of a conflict or possible conflict of interest of a council member of which such person may be aware.
The member is obliged to recuse himself or herself from the meeting during the discussion of the matter and the voting thereon.
a planning and resource committee; and fl such other committees as may be required.
At least 50 per cent of the members of a committee must be persons who are not employees or students of the college.
The chairperson of a committee must be a member of the Council.
must be included in the agenda of the next ordinary meeting of the ccuncil following the respective committee meetings.
The members of the Council must be provided with copies of such minutes.
No motion to draft, amend or rescind a statute or a rule is of force and effect unless adopted by at least 75 per cent of all members present at the meeting, provided that such meeting is constituted by at least half plus one of the total number of members.
and performing such other functions as may be delegated or assigned to it by the council.
may delegate its functions; and must take note of any action taken by a committee in exercising its delegated powers or functions when such committee reports its actions to the next meeting of the academic board.
the organisation and superintendence of instruction and examinations, and of lectures and classes, vest in the Academic Board.
recommendations on matters referred to it by the council; and recommendations on any other matter affecting the public college as the Academic Board considers useful.
Members of the Academic Board must participate in the deliberations of the Academic Board in the best interest of the public college.
Failure to act in the best interest of the public college or behaviour that brings the public college into disrepute may result in the removal of a member from the Academic Board by the council following due process.
members of the student representative council; and such additional persons as may be determined by the council.
The majority of members of the academic board must be academic employees.
The manner of election and appointment of members must be determined by Council.
of the Statute must be determined by the council.
of the Statute hold ofice for as long as they are employed by the college in that capacity.
for student members automatically lapses when a student ceases to be a registered student or member of the SRC.
The principal is the chairperson of the academic board.
The vice-chairperson of the academic board is the vice-principal.
The secretary of the academic board is determined by the academic board by secret ballot.
The chairperson presides at the meetings of the academic board and the meetings of the sub-committees of the academic board if the academic board considers it appropriate for him or her to do so.
The chairperson performs such other functions as the academic board may determine.
In the absence of the chairperson, the provisions of subsection (4) of the Statute apply to the vice-chairperson.
such other functions as the academic board may determine.
The secretary performs those functions assigned to him or her by the academic board.
If both the chairperson and the vice-chairperson are absent, the academic board elects from among its members, a chairperson for the meeting concerned.
The procedure applicable to the council meetings is applicable with the necessary changes to the meetings of the academic board.
The academic board appoints an executive committee; and such other committees as may be required.
of the committees are determined by the academic board.
The council, in consultation with the academic board, appoints such joint committees of the council and the academic board as may be necessary for the performance of particular tasks.
The students of the public college are represented by the SRC in all matters that may affect them.
such additional functions and privileges as may be specifically conferred upon it by the council.
Only registered students are eligible to serve on the SRC.
The SRC must be representative of the student body.
The SRC of the colleges that are merged must have a meeting before the merger to constitute a single interim SRC comprising of all members of the SRC concerned for a period not exceedi.ig six months.
The SRC elects from among its members a president to act as chairperson and a deputy president to act as deputy chairperson.
The functions of other office bearers and the election of such office-bearers are determined by the SRC.
The term of office of the members of the SRC is determined by the council after consultation with the students and lecturers of the college, subject to provincial policy.
The number of meetings, the quorum at a meeting and the meeting procedures are determined by the constitution of the SRCas approved by the council.
The SRCmust establish a disciplinary committee responsible for the discipline of any members of the SRCand members of the student structures affiliated to the SRC.
The SRCmay establish such other committees as may be required.
The SRCmust convene at least one general meeting of students per semester.
A general meeting may also be requested by a majority of students signing a petition to the SRC.
Meetings may not disrupt academic activities unless the principal has granted prior permission.
Management staff consists of the principal, vice-principal and Chief Financial Officer of the public college.
The principal is the chief executive officar of the college.
The principal is responsible for the day-to-day management and administration of the college and has all the powers necessary to perform these fbnctions.
The principal reports to and is accountable to the council in respect of matters of governance.
By way of his or her office the principal is a member of all the committees of the council and the senate.
The council may assign additional functions, and grant additional powers and privileges to the principal.
When the principal is absent or unable to carry the duties, the vice-principal takes over or the Member of the Executive Council may appoint an acting principal.
The vice-principal or the vice-principals and the chief financial officer are responsible for assisting the principal in the management and administration of the college.
The advertising of the post, the invitation for nomination ofcandidates, the search for suitable candidates, the criteria for the short-listingof candidates and the interviewing and appointment processes are in the manner determined by the council.
The conditions of employment, including the determination and review of salaries of lecturers and non-lecturers and all other forms of remuneration is approved by the council according to the college's policy as determined in the Rules which may be amended from time to time by the council.
The management staff is subject to continuous evaluation in the performance of its duties by the MEC.
The lecturers and non-lecturers are subject to continuous evaluation in the performance of their duties.
Every lecturer and non-lecturer is subject to a disciplinary code and disciplinary procedures, as approved by the council and determined in the Rules, which serve as an integral part of conditions of service.
Agreements with representative organisations of employees may, with reference to salary and related negotiations and according to the relevant labour legislation, be entered into by the representative of lecturers and non-lecturers and recommended to the council for approval.
A person may be permitted by the council to register as a student only if he or she satisfies the legal requirements for admission to study at the college and, further, satisfies any other requirements for admission that mal be determined by the council and laid down in the Rules.
The disciplinary measures and disciplinary provisions applicable to the students are set out in the disciplinary code determined by the council after consultation with the SRC.
The college may receive moneys and equipment of any sort from donors to assist the college in providing quality education.
The college may recognise and register certain donors as determined in the Rules.
A public college that has not drafted a college statute in terms of section 1 1 of the Act must make use of this Standard College Statute.