Department of Higher Education and Training Review of the Current Legislation Governing the Higher Education and Training Sector Portfolio Committee on Higher Education and Training 2 November 2016

Introduction The need to review all Higher Education and Training legislation relates to the Performance Targets of the Department that all legislation falling under the legislative authority of the Minister of Higher Education and Training must be reviewed by 2018. The legislation, which were assigned by the President to fall under the legislative authority of the Minister of Higher Education and Training in terms of section 97 of the Constitution, 1996, are reviewed and aligned with the White Paper for Post-School Education and Training (White Paper).

Introduction These legislation are namely– Continuing Education and Training Act, 2006 (Act No. 16 of 2006); National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999); The Skills Development Act, 1998 (Act No. 97 of 1998); The Higher Education Act, 1997 (Act No. 101 of 1997); General and Further Education and Training Quality Assurance Act, 2001 (Act 58 of 2001); and The National Qualifications Framework Act, 2008 (Act No. 67 of 2008).

Review - Continuing Education and Training Act, 2006 (Act No Review - Continuing Education and Training Act, 2006 (Act No. 16 of 2006) The Further Education and Training Act, 2006 (Act No. 16 of 2006) (FET Act) was amended by the Further Education and Training Amendment Act, 2012 (Act No. 3 of 2012) and the Further Education and Training Amendment Act, 2013 (Act No. 1 of 2013). The FET Act was renamed to become the Continuing Education and Training Act, 2006 (Act No. 16 of 2006) (CET Act). The White Paper required that the college sector must move from the provincial domain to be a national competency.

Review - Continuing Education and Training Act, 2006 (Act No Review - Continuing Education and Training Act, 2006 (Act No. 16 of 2006) The Further Education and Training (FET) Colleges were renamed to become the Technical and Vocational Education and Training (TVET) Colleges.

Review - Continuing Education and Training Act, 2006 (Act No Review - Continuing Education and Training Act, 2006 (Act No. 16 of 2006) A new institutional type named the Community Education and Training (CET) Colleges has been introduced. The Adult Education and Training (AET) Centres or Public Adult Learning Centres (PALC) were converted into Community Learning Centres (CLCs) and the respective CLCs were incorporated into substructures of the CETCs in the region in which they are situated. Provides for the establishment of the South African Institute for Vocational and Continuing Education and Training (SAIVCET).

Review – Higher Education Act, 1997 (Act No. 101 of 1997) The HE Act was reviewed through a joint effort between the Department and the University of South Africa Forum (USAf). The Bill is in its final stages to be enacted as it has already been approved by the Portfolio Committee; the Bill has been approved by the National Assembly; the Bill has been approved by the Select Committee of Parliament;

Review – Higher Education Act, 1997 (Act No. 101 of 1997) the Bill is due to be tabled in the NCOP for final approval; and all aspects relating to the review of the HE Act as identified by the White Paper, were addressed through this Bill.

Review – National Student Financial Aid Scheme Act, 1999 (Act no Review – National Student Financial Aid Scheme Act, 1999 (Act no. 56 of 1999) (NSFAS Act) The NSFAS Act is in the process of being reviewed but is subject to the outcome of the Ministerial Task Team on the Student Financing Model as well as the Presidential Commission on Student Fees. The policy developed as result from the work of the two task teams which has not been finalised by the Minister. Any amendments to the Act can only be identified after the policy has been promulgated. It is envisaged that there will be a need to amend this Act and this can only be dealt with in the 2018 parliamentary programme.

Review - Skills Development Act, 1998 (Act No. 98 of 1998) The policy on the new SETA landscape has not been promulgated by the Minister. This policy will be critical to the development of legislation to give effect to the accommodate the new SETA landscape policy. The Skills Development Amendment Bill can only be finalised after the policy has been finalised. This Bill is scheduled to be tabled in the Parliament during the 2018 parliamentary programme.

Review -The National Qualifications Framework Act, 2008 (Act No Review -The National Qualifications Framework Act, 2008 (Act No. 67 of 2008) (the NQF Act) The Bill has been drafted and was envisaged to serve during the 2016 Parliamentary Programme but due to the municipal elections the Minister agreed to postpone the tabling of the Act, to the 2017 Parliamentary Programme. The Bill has been consulted with key role players and is scheduled to be published for public comment within the immediate future. The Bill will be tabled in Parliamentary schedule of 2017.

Review -General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001)) This is an Act which is jointly assigned by the Minister of Higher Education and Training and the Minister of Basic Education. The Act is under the legislative authority relating to the quality assurance function of Umalusi as the Quality Council and the Further Education and Training Sub-frameworks of the NQF. The Bill has been reviewed and at this stage no amendments are considered which are directly linked to any provisions in the White Paper.

Thank You