1. Portfolio Committee on Higher Education and Training
Public Hearings on the
National Qualifications Framework Amendment Bill
[B 20 – 2018]

2. Submission by The Independent Institute of Education
Adv Sithembiso Ntuli
Deputy Registrar
Legal, Governance and Student Services

3. Background
The Independent Institute of Education (The IIE) has legitimate interest in the NQF Amendment Bill:
as a private higher education institution registered by the Department of Higher Education and Training under the Higher Education Act, 1997;
offering more than 60 programmes from Higher Certificate to Masters degree registered by SAQA and DHET and accredited by the HEQC of the CHE; and
operating nationally across 20 sites (or campuses) organised into three educational brands, Rosebank College, Varsity College and Vega

4. Areas of Support
The IIE welcomes the following provisions of the Bill:
verification of all qualifications or part-qualifications by the SAQA.
formulation of criteria for evaluating foreign qualifications.
separate register for professional designations.
referral of qualifications and part-qualifications to SAQA for verification and evaluation.
offences and penalties relating to fraudulent qualifications.

5. Summary of Key Issues
The IIE regards the following as key issues requiring further attention:
Strengthening of provision relating to registration of private education institutions and insertion of an offence in relation thereto.
register of fraudulent qualifications supported by The IIE but further provisions are required e.g.
clarity if this register will be public record, confidentiality of the record, access to it, removal of record from the register, etc. *

6. Summary of Key Issues
SAQA process in respect of dealing with misrepresented qualifications is arbitrary, if not subject to procedural fairness, thus not supported by The IIE.
clarity required in respect of reporting to the SAPS.
in relation to the form of the Bill:
remedy repetition of the clauses e.g. s4 (e)(1B) repeated at s7 at 32 (A) (2) (b).
attention to the organisation of the clauses of the Bill
remedy ambiguity and vagueness in certain provisions e.g. definition of “authentic”, “fraudulent qualification and part qualifications”, “misrepresented qualification and part qualification”. *

7. S3 (Amendment of s3 of the Act)
The IIE proposes the amendment of section 3 (b) of the Bill as follows:
(3) Every private education institution or skills development provider offering education and training programme or any component thereof towards a qualification or part qualification must be registered by the relevant Department [as a private education institution or skills development provider] in terms of applicable law and accredited by the relevant QC to offer such qualification on part qualification. *

8. S3 (Amendment of s3 of the Act)
With the insertion of abovementioned section 3 (b) The IIE proposes the insertion of the definition of private education institution
“private education institution” means:
an independent school as defined in the South African Schools Act, 1996;
a private college as defined in the Continuing Education and Training Act, 2006;
a private higher education institution as defined in the Higher Education Act, 1997 *

9. S3 (Amendment of s3 of the Act)
With the insertion of abovementioned section 3 (b) The IIE proposes the insertion in section 7 at 32B (offences) of the following offence:
Any person who contravenes section 3 (3) is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding four years or to both a fine and such imprisonment. *

10. S4 (amendment of s13 of the Act)
The IIE supports the Bill in requiring the SAQA to establish and maintain a register of fraudulent qualifications and part qualifications in accordance with section 4 (c) of the Bill at (lA) (iii) (see page 4) read with section 4 (e) of the Bill at (1B) (see page 5) with the following recommendations: *

11. S4 (amendment of s13 of the Act)
provide for confidentiality (or otherwise) of the register and clarify how the register may be accessed or disclosed.
clarify what the purpose of the register is i.e. what will be achieved by setting up such a database at the SAQA of fraudulent qualifications or part qualifications.
provision for inquiries to be made to the SAQA on the register for any person to establish whether her or his name appears on the Register and provision for a process if erroneous entry is found. *

12. S4 (amendment of s13 of the Act)
provide clarity on the consequences of entry of a person or institution into the Register.
provide for the removal of the entry from the register
For instance, a provision may be made in the Bill for any person to apply to SAQA after a certain period e.g. 3 years for the removal of their name or particulars from the register and provide for circumstances in which a person may not be removed from the Register. *

13. S4 (amendment of s13 of the Act)
provide certainty on content of the register e.g.
Does the “(a) holder of the qualification or part qualification” refer to the institution or the person that committed fraud or the person in possession of the document?
What does the Bill envisages by (b) description of the document concerned.
define what is meant by “ (f) ……..certification mill”
If not inserted into the Bill, the above recommendations may be provided for through regulations pertaining to the register of fraudulent qualifications and part qualification that the Minister may be required to promulgate. *

14. S4 (amendment of s13 of the Act)
The IIE does not support the Bill in requiring the SAQA to establish and maintain a register of misrepresented qualifications and part qualifications in the manner provided for in section 4 (c) of the Bill at (lA) (iii) (see page 4) read with section 4 (e) of the Bill at (1B) (see page 5) for the following reasons: *

15. S4 (amendment of s13 of the Act)
The Bill directs the SAQA to act arbitrary in relation to entering the records of misrepresented qualifications or part qualifications in that:
it does not consider the audi alteram partem (to hear the other side) principle of natural justice.
the process is thus not in line with requirements of a just administrative action embedded in South African law which includes procedural fairness.
would open the SAQA up to constant judicial review of decisions taken on the basis of procedural fairness. *

16. S4 (amendment of s13 of the Act)
Once the SAQA has determined that a particular qualification may be misrepresented in terms of its own process, it should not proceed to record the details in the register without providing a right to reply to the other party, to present their case and to challenge the SAQA decision.
If not, individuals and education institutions may end up in the register(s) without a recourse to be removed from it or remedy if entered erroneously in the register(s) or an opportunity for a review of the SAQA decision or to challenge such a decision. *

17. S4 (amendment of s13 of the Act)
For instance, section 65BA of the Higher Education Act provides for procedural fairness when dealing with a revocation of an erroneously awarded qualification or part qualification. *

18. S4 (amendment of s13 of the Act)
Notably, other education statutes, for instance GENFETQA and Continuing Education and Training Act, do not necessarily have enabling provision for the withdrawal and/or revocation of the qualification to the extent provided for in the Higher education Act.
The IIE suggest that that lacuna may be remedied generally in the NQF Act by adopting a similar approach to the Higher Education Act in respect of withdrawal and revocation of qualifications and part qualifications such as to make withdrawal and revocation generally applicable generally to other all institutions (e.g. colleges), quality councils (e.g. Umalusi) and other relevant bodies that award qualification and part qualifications. *

19. S4 (amendment of s13 of the Act)
The IIE proposes section 4 (e) of the Bill may be deleted for the reason that it is:
excessive in directing SAQA in respect of verifying or evaluating a qualification or part qualification and amounts to overstating the law;
too elaborate, unnecessary and contentious in parts as it is directing the SAQA to verify on (general) assumptions; e.g.
little or no attendance of classes.
little coursework, if any, and few or no assignments.
Would be sufficient if SAQA could include these characteristics at the level of the SAQA criteria for evaluating qualifications. *

20. S4 (amendment of s13 of the Act)
Should section 4 (e) of the Bill be maintained then the following correction would be necessary in section 4 (e) (h):
(h) a qualification is obtained within a very short period, in less than the prescribed [national] notional hours on an average qualification. *

21. S7 (Insertion of section 32 A)
The Bill needs to make provision for the reporting of a matter relating to an (alleged) fraudulent qualification or part qualification for criminal investigation.
We believe that the SAQA, QCs and professional bodies have a role to play in this regard generally and education institutions specifically in respect of their own qualifications.
SAQA should incur the obligation to open cases with SAPS against the (alleged) holder of the fraudulent qualification or invalid qualification following a verification or evaluation process contemplated in section 7 at 32 A. Alternatively, the QC or the professional body may be required to open a case against such (alleged) holder of the fraudulent qualification or part qualification. *

22. Further considerations
The IIE regards the following as issues requiring further consideration in the Bill:
remedying ambiguity and vagueness in the definition of authentic, fraudulent qualification, misrepresented qualification.
clarity on how the Bill proposes the fraudulent foreign qualifications should be dealt with.
clarity in dealing with the qualifications in the period prior to the implementation of the NQF Act, 2008. *

23. Further considerations
The Bill may consider the proposal of The IIE that the provisions relating to fraudulent qualifications and part qualifications may be organised in a separate chapter (and further clarified in regulations) e.g.
CHAPTER 7 FRAUDULENT QUALIFICATIONS AND PART QUALIFICATIONS
the register may consist of two parts:
Part A ( Fraudulent (National) Qualifications or Part Qualifications) and
Part B (Fraudulent Foreign Qualifications or Part Qualifications). (In this regard define Foreign Qualifications) *

24. Contact details
For further information, The Independent Institute of Education can be contacted on the following details:
ADvTECH House, Inanda Greens 
54 Wierda Road West , Wierda Valley 
SANDTON
2196
Phone: (011) *

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THANK YOU *