South Africa: Constitutional Assembly Resources

11 January 1995


Constitutional Assembly: Submission to Theme Committee III from the Committee of Technical Colleges Principals (CTCP)

In response to your invitation to South African citizens to make submissions on matters of relevance, the following:

1. Submission/Case

The Committee of Technical College Principals (CTCP), a national body representing all the principals of Technical Colleges in the nine provinces, requests that

(i) Statement 4 of Schedule 6 of the interim constitution Legislative Competences of Province be amended to read as follows ( additions underlined, omissions in [ ])

'... Education at all levels, excluding Universities, [and] Technikons and Technical Colleges

(ii) Any other article, whether existing or future, (such as Article 247 of the Interim Constitution Special provisions regarding existing educational institutions) that relates directly or indirectly to education and/or training, be finalised only after due consultation with Technical Colleges through, inter alia, the CTCP.

Our motivation and other supporting documentation are attached as
Annexures A and B.

J P C BASSON

FEDERAL COMMITTEE OF TECHNICAL COLLEGE PRINCIPALS

ANNEXURE A

MOTIVATION:

The CTCP believes that in the process of drawing up the educational and training requirements for the interim constitution, more consideration should have been given to the nation's need for vocational education and g in order to provide the skilled manpower which will have the potential to improve the economic situation of South Africa. This need is best served by having our technical colleges totally separated from the school system and managed according to the 9 broad recommendations mentioned in point no.6 of this memorandum.

The CTCP believes that it would be far better to start the process to change the terms of the interim constitution now rather than to accept as a fait accompli that only the universities and technikons will be managed centrally. We require that technical colleges should be afforded the same management status such as that of universities and technikons.

The broad directives outlined in this motivation describe the direction that institutions offering technical college programmes wish to take, and how they will thus feature within a National, Provincial and Local system of governance. Since technical colleges are a group of institutions whose values, Management philosophies, people and products will be positive influences in shaping South Africa's education and training development, great care, thought and planning should he taken when deciding on possible governance, monitoring and management structures.

The following have served as principles in drawing up this motivation:

The most effective means of facilitating the RDP through technical colleges, must be sought.
Technical colleges fall within both the further and Higher Education sectors, which do not full within the compulsory and free provision of education. Technical colleges have direct links with Adult Education and Adult Basic Education and Training.

The devolution of management autonomy to the level. (ie to the college council and principal)
There should he maximum participation of all roleplayers at the national, provincial and local levels.

Cost-effectiveness.

The least disruption of services rendered by approximately 150 institutions to local, provincial and national clients. The least disruption to personnel involved in rendering services.


1 . Historical Background

1.1 As is the case with other institutions, we are also caught up in the situation of having been managed by 15 'racially-based' education departments. This resulted in a situation where dichotomies existed, namely, some technical colleges being managed by Departments of Labour, some by education departments, some are State colleges and some are State-aided colleges.

1.2 The infra structure for any policy development has always disadvantaged the college sector, since policy developers have not taken sufficient cognisance of the diversities, particularities and uniqueness of the college sector. The college sector needs have always been subsidiary to general education, and the needs of the schools in the CS sector. The Education White Paper, with its lack of specific reference to the college sector once again underlines this fact.

1.3 Because of the above, and the resultant ignorance and lack of consultation with all relevant stakeholders in the college sector, we are associated with Schedule 6, without specific reference to technical colleges. The further interpretation of the interim constitution, places the emphasis on schedule 6 and not Article 126 of the interim constitution. We have thus been placed, into 9 provincial departments.

1.4 From the historical viewpoint, prior to the 50’s there was a single department known as the Dept. of Education, Arts and Science, which was responsible for the whole field of education outside of the school system, i.e. ranging from special education, education under the children's act, commercial and technical high schools and technical colleges, and this department provided a very effective service. During the mid-60's a political decision was taken to transfer commercial and technical high school education to the provinces.

1.5 The end result of this provincialisation process was a total deterioration to the extent that there is a minimal provision of this type of education in the country today. We thus express our concern that a similar provincialisation exercise regarding technical colleges could follow the same route, and similar mistakes, such as those of the past, could he repeated again, if the diversity and uniqueness of the sector is once again negated.


2. General Issues

2.1 The Committee of Technical College Principals believes that the placing of technical colleges together with school education into a provincial dispensation according to Schedule 6 of the interim constitution, will he the greatest restrictive influence in achieving the aims for technical college education in South Africa.

2.2 The State, whilst being a major contributor, is not the only stakeholder in the field of vocational education and training. Business interests and the trade unions are equally important partners. These stakeholders are all organised on a national basis and consultation and co-operation with them should occur majorly at this level. Furthermore for technical colleges to become fully operational within a system of throughflow to higher education institutions, they need to he dealt with nationally.

2.3 Dividing the colleges amongst nine provinces will make the direct interaction between the colleges (providers) and their stakeholders extremely difficult to achieve and maintain - also more expensive. Vocational education and training differs significantly from school education, and the CTCP believes that, once again, in a provincial system, technical colleges will not receive the attention they deserve. To create nine provincial governance systems for a national total of less than 150 institutions is obviously less effective and far more expensive than a central governance system. We have no desire, because of small numbers per province, to he an addendum to a school governance system. This will hinder the colleges from their vital contribution to the growth in the economy of our country.


3. Clientele

3.1 Technical colleges train for the world of work, which is firstly nationally orientated, before it is provincial or local.

3.2 The following clientele of technical colleges is organised nationally:

Business sector
Major South African Corporates
The banking and insurance industry
Business South Africa
Building Societies
Chartered Institute of Secretaries
Institute of Administration and Commerce
Institute of Marketing Management
Institute of Personnel Management
PRISA
Industrial Training Boards
Professional organisations such as:
the Engineering Council of South Africa (ECSA) the Steel and Engineering Industries Federation of South Africa (SEIFSA)
Building Industries Federation of South Africa (BIFSA)
the Motor Industries Federation (MIF)
the Mining Industry
the Electrical Contractors' Association
ESCOM
TRANSNET
TELKOM
TELKOR
A range of international corporates (Siemens etc)


Labour organisations

An emerging client of technical colleges is the trade union movement, of which FEDSAL and Cosatu have direct links through VEDCO Board representation with FEDCOM. They are demanding a national system of accreditation and the recognition of a modular system based on learning outcomes, standards and competency levels, which will find its establishment in the SAQA and the NQF.


Students

From surveys which have sought student opinion, it is clear that students, to be adequately prepared and remunerated, will continue to demand a national curriculum and a national examination system, as well as a provision system which is uniform throughout the country.


Civics

Civic organisation are other emerging clients, especially since they make use of the non-formal (community-based education) programmes of technical colleges. Civics also represent the informal economic sector, and non-formal technical college programmes can provide the cornerstone of their training.


4. Governance/Management

4.1 It is more conducive to the nature and philosophy of vocational education and training if it be co-ordinated through a central education department, for the following reasons:


4.2 The White Paper on Education falls within the greater 'jurisdiction' of the RDP and more
specifically the HRD key programme of the RDP.

4.3 Formal and non-formal (community-based) vocational education and training is one of the major educational initiatives through which human resource development at the post-compulsory school level takes place. This type of education can be seen as one of the central pillars of a national HRD programme of the RDP for the preparation of people for the world of work.

4.4 What the country needs, is a specific orientation for the majority (about 85 %) who require knowledge, skills and attitudes for the world of work. If the economy is to make significant advances, then a far greater percentage of learners should access vocational/career education and training at technical colleges.

4.5 Vocational education and training belongs at present both within further and higher education and within the college/school (CS) sector.

4.6 Furthermore, the college sector, of which technical colleges forms a part, should be a unified sector. However, this sector has been artificially separated, which situation will he further aggravated if it is divided between 9 provinces, and governed by 9 provinces. The CTCP is presently involved in a coalition exercise with the other institutions in the sector (i.e. community colleges, regional training centres, private colleges, etc.), to redress the situation. We acknowledge, however, that technical colleges, as well as the other colleges in the sector, provide an educational service in the province, thus the planning and development of the sector, in terms of the service for this type of education per province, must take place in a coherent and purposeful way between national, provincial and institutional stakeholders.

4.7 The size of the sector, i.e. the fact that there are only 137 technical colleges in the country as opposed to about 26 000 schools, indicates that it would be far more cost-effective, convenient and efficient for it to he centrally governed. If the uniqueness of the sector is acknowledged, and the necessity for a separate directorate to deal with technical college matters is identified, then the cost implications of establishing 9 provincial directorates is large.

Further it is recognised that there would still have to he an inter-provincial co‑ordinating committee to achieve uniformity in implementation of policy in the 9 provinces, and to redress and secure equal development in each province.

4.8 CTCP has prepared a matrix which relates management functions to the level of authority at which these can he exercised in the most effective, cost-effective and representative way. The management functions are:

Policy issues
Staff issues
Financial issues
Administrative issues
Curriculum and programme issues
Examination and certification issues
Facilities/buildings

These issues were dealt with at four levels, namely:
national
provincial
local/regional
institutional

We ask you to note that the two major levels are the national and the institutional. The very nature of vocational education and training necessitates the establishment of national norms and standards for the management functions stated above. These should be determined in consultation with all stakeholders.

The major function at the provincial level is to monitor and liaise in terms of the provision of the education and training at the technical colleges, and to execute certain budgetary and personnel functions. It will be the prerogative of the National Ministry to determine the policy which is to be executed for technical colleges.

Since technical colleges have college councils/boards, which are representative of the local business, community and municipal leaders, they have a significant capacity of business and management acumen at their disposal. It is most desirable that as much management autonomy as possible be devolved to the institution, especially in terms of financial management, staff appointments, programmes which are offered etc. Utilisation of the councils' expertise and experience is vital in the effective operation of technical colleges, especially if it is considered that these and other institutions, such as universities and technikons, should eventually he run as business units. This will alleviate much pressure from the central and provincial education departments.

4.9 While other sectors, such as the tertiary and school sectors, will have to undergo major paradigm shifts to adjust to a philosophy espousing the integration of education and training, the technical colleges have already been operating within this paradigm ever since they were established as institutions offering vocational education and training.

4.10 Everyone recognises the need for ABET, which will serve the purpose of providing HRD for the people of our country, and therefore to improve their quality of life.

In ABET we see four phases:

Numeracy and literacy phases 1 to 3
Equipping the people with relevant skills for employment and self-employment

The providers in ABET already exist in the form of technical colleges (nonformal/community-based education departments) and community colleges. it will not be a major task to expand this system to link with other CBEs, CB0s and NG0s. Technical colleges have an infra structure across the nation which could easily adapt to include the provision of these A-BET.

4.11 CTCP, VEDCO and COVEC, together with other roleplayers can support the education department to write relevant policy for the college sector, since they have not only the practical experience of the provider of the service, but also, inter alia, the managerial and programme development experience.


5 Finances

5. 1 Financing of vocational education and training:

This type of education falls outside of the free and compulsory education sector. Because of the necessity to provide specialist facilities, i.e. studios, workshops, laboratories, and kitchens, the budgetary constraints placed on an already over-extended school financial provision, will not allow for high capital expenditure involved in equipping schools with such facilities. However it must be noted that there are extensive training facilities throughout the business and industrial sectors. A nationally co-ordinated system, whereby technical colleges could access these facilities, is already being proposed by the national corporates.

Extending funding of technical colleges is a cheaper route to pursue, especially if commerce and industry could he persuaded to enter into funding partnerships to provide in the capacity building of technical colleges. A funding partner for technical colleges already exists in the form of VEDCO.

To strengthen this initiative, CTCP and VEDCO commissioned the HSRC to conduct an audit into facilities. The outcome of this could assist in the planning phase for the establishment of the college sector. The exercise could also be expanded to include other groupings in the college sector. Finally, an annually updated database for the entire college sector will he in place.


5.2 Stakeholder representation

One of the cornerstones of successful vocational education and training in other countries has been committed and involved stakeholder representation, in terms of curriculum input, donations, college council representation, work provision, in-service training and agreements in terms of indenturing of apprentices. We must recognise that while the State is a major stakeholder in terms of financing and other infra structure, it can no longer continue as the only stakeholder. The resources which could he made available from the business and industrial sectors, need to be positively channelled through greater stakeholder involvement of the stakeholders mentioned in point 2 above.


6. Recommendations regarding the future management of technical colleges

On 16 April 1994 a meeting of the CTCP, attended by 105 technical college principals, was held during which 9 recommendations regarding the future management of technical colleges were accepted as a mandate by all in attendance. These recommendations reflect the need for a national system of governance for technical colleges.

These recommendations are as follows:

6.1 That there be a single mission statement for technical colleges, which can he reflected in legislation.

6.2 That there be a single piece of legislation such as a National Act for Technical Colleges which will state specific requirements regarding norms and standards for Structures/ systems

Programme matters
Financial matters
Personnel matters
Administrative matters

6.3 That provision be made in the central National Act for Technical Colleges for an own focus for technical colleges.


6.4 Structures

That there should he a Minister of National Education (MNE).

That there should be an advisory statutory council with executive functions for the technical colleges, known as the National Council for Vocational Education and Training (NCVET).

There should he a National Committee of the College Principals (CTCP).


6.5 College Councils

The composition of the College Councils be as broadly representative of local business, employers, employee organisations, and local government and community leaders as possible.

-a large measure of autonomy he devolved to the college councils regarding:
structures and systems
programme matters
financial matters
personnel matters
administrative matters


6.6 Certification

There should he a single piece of legislation governing certification ofeducation and training offered at technical colleges.


6.7 Other Legislation

That other legislation, inter alia, the Labour Relations Act and the Manpower Training Act be amended if necessary to contain legislation which accommodates the specific nature of education and training applicable to technical colleges, and allows technical colleges to fulfil their total mission.


6.8 Teacher Training

That technical colleges be represented on the existing committee(s) which deal with matters related to teacher training, to ensure that the specific needs of technical college education and training are addressed.


6.9 Further Research

That the task be assigned to a working committee/research group to investigate the expansion of the college sector to include agricultural, nursing, police, community and teachers training colleges.


ANNEXURE B

SUPPORTING DOCUMENTATION

1 Draft Act for Technical Colleges (Note: found at end of this submission)
2 Function analysis


FUNCTION ANALYSIS

The draft function analysis has been drawn up according to the 9 recommendations, and based on existing functions executed by the various departments and institutions. Contained in this annexure is a section explaining the relevant terminology, as a table.

Terminology
National: Reference is made to two levels of functions, namely, setting norms and standards which imply a policy development function, as well as execution of certain functions by Council.

When the term national is used in the table in Annexure C, this refers to the NCVET, or equivalent body.

Council: A council means a statutory body, (such as an National Council for Vocational Education and Training (NCVET)),of which a component is funded by the State, but does not imply that it is a State department, The areas of operation of this body would include policy-making, co-ordination and an executive function.

Provincial: This refers to matters to he executed at a provincial level, under the auspices of the proposed Council, by functionaries of the MEC's office or preferably by a provincial members of the proposed Council.

Local: This refers mainly to local authorities, which set and control standards and regulations regarding issues such as building by‑laws, safety regulations etc. In terms of educational functions, it refers to regional matters to accomplish the elimination of the unavailability of services due to logistical geographical inadequacies.

The parent community, and other civic organisations, such as student bodies, and local commerce and industry are also part of this level.

Institutional: This refers to the actual providers of vocational education and training, e.g. Technical Colleges, and includes the College Council, the principal, the management staff, lecturing, administrative and other staff. Institutional SRCs are also part of this level.

State-controlled: This refers to colleges presently under the direct management of the ex HoD, HOR,DET, SGTs and TBVC States.

State-aided: This refers to colleges presently under the direct management of the ex HoA.

The * in the table refers to those aspects/functions which need to be directed, in the interim, by a central body instead of institutionally, for the convenience of the State-controlled colleges.

NOTE: All functions indicated in the table should not be linked to functions performed on behalf of schools.


SUB-COMMISSION 2: GOVERNANCE

Ojectives:

(1) Develop broad guidelines from which a policy can he developed.

(2) Indicate at which levels (i.e. national, provincial, institutional) certain functions can be co-ordinated, directed, executed.

(3) Establish a task team to finalise a report.

The Commission agreed that they were not as representative as was desired, but due to time constraints, financial constraints and logistics, it was the most feasible to put together the smaller group at the meeting.

Issues to be addressed in the Sub-Commission 2:

GOVERNANCE:

A. NATIONAL

(1) There is a need for:

(i) a National Act stipulating certain parameters to co-ordinate and establish coherence inter provincially regarding the governing of technical colleges

(ii) an own focus which is written into the National Act and co‑ordinated through the NCVET.
Provincial diversities and particularities can be addressed through regulations added to the National Act.


National Act must address the following issues:

-Core Curriculum, with provincial and local diversities
-Norms, standards and values
-National examinations
-National own focus for , inter alia,: Staffing
Structures
-Co-ordination of time tables nationally to accommodate the National Examinations. (There is already a sub-committee appointed to co-ordinate and integrate the calendar between the provinces and the ex departments.)
-Subject guidance and service specialists. (Superintendents of Education who are at a National Education Department or a Provincial education department way be used as available.)


B. PROVINCIAL

-Subject guidance expertise where necessary
-Marking of examination papers


NATIONAL PROVINCIAL INSTITUTIONAL

1 Rendering advice:
Minister/ Head of Education/ X X X
Policy making authorities

2 Control, support and
management of vocational X X
education

3 Advice and guidance including
in-service training regarding the
following:
lecturing; management X X X
and administrative;
personnel and staff
development

4 Subject specialist functions
regarding examinations
- implementation of X
examinations
- handling of X
examination enquiries

- examination X
irregularities
- exemption and
recognition of X
qualifications
- evaluation of
qualifications:

government certificate
of competency X
(engineering).
installation and X
electrical codes
- extended time in
examinations for X
handicapped X
- approval of the use of X
aids and assistance in
the examination
- timetable for the X X
province
- equivalence of X X X
qualifications
- approval to write two X
subjects on different
levels simultaneously

5. Selection Board functions:
- promotion evaluation X X X
- evaluation of X X
applications
- preparation of X X
documentation
- compilation of short X
lists

6 Personnel matters:
determination of staff X
establishment (own
focus with recognition
of uniqueness/diversity
of smaller college)
appointment of staff on X
an ad hoc basis

7. Appointment of council
members X
8. Curriculum development X

9. Functions regarding budgets and finances
allocation of funds X X
control of funds X X

10. Financial planning:
ad hoc subsidies for X
leasing X
apportionment formula
subsidies X
ad hoc subsidies for
new accommodation

11. Registration of private,
technical colleges
policy formulation X
handling of X
applications X
inspection of registered
colleges

12. Provincial offices:
- security X
- maintenance X
- vehicles X
- identification of X
college sites

13. Cape Education Department (CED)
administration of X
appointments,
resignations,
dismissals, retirements X
- staff establishments X
- payment of salaries X
- leave approvals X
- salaries of part time X
lecturers

14. Budgeting for and approval of
part time classes X

15. Conducting of research X X X

16. Implementation of X X X X
programmes

17. Liaison X X X

18. Administrative and management services
formation and X X X
composition of councils
approval of full-time X
staff in ad hoc
temporary positions
(evening classes) X X X
approval of formal X
programmes
approval of non-formal X
programmes

19. Auxiliaries Service,
financial planning X X X
subsidy formulas X
(apportionment)
buildings and grounds X X X
- statistics and computers X X
- legal services X X
- administration X X X
(councils) X X
- tertiary education X
(evaluation of teaching X
qualifications)
- personnel management



Integration:

Regarding point 2 from the guidelines given during the workshop - separate departments should he integrated.

Aim: A national act for technical colleges nationally, within which national framework, the provinces will promulgate their acts and regulations regarding Technical Colleges.

It is suggested that research he conducted regarding the best 'option' between state or state-aided colleges, in order to come up with a possible new type of model for technical colleges with cost-effectiveness, and student advantage being the criteria. The sub-commission took note of the fact that a piece of legislation would be promulgated by the Province, but the actual management of the technical colleges and their education would still be in accordance with the existing acts and regulations. This status quo should be maintained until a new National Act for Technical Colleges in place, and the Provincial Act for Technical Colleges has been promulgated..

Due to time constraints the committee was not able to examine this issue thoroughly.


C. THE COMMISSION PROPOSED THAT ANY ACTS SHOULD PROTECT PROVINCE IN TERMS OF:

(1) marginalisation because it is a small province
(2) 'Authoritarianism' from a central department

Furthermore a bottom-up/grassroots approach must be followed with maximum input from the communities.


Point 3 from guidelines at workshop: Legislation:

(1) The task team will investigate the drafting of legislation for technical colleges.

(2) The FEDCOM's draft act can serve as a basis for the task team.


Task Team:

(With co-option of expertise as a prerequisite)

- Business and Industry
- Providers: Principals, Councils, staff
- labour (organised and staff associations)
- Student bodies
- Ministry (Provincial)

Task Team made up of representatives from each of the sectors:

- Commerce and industry: People nominated by a forum: 1
- Providers (one from each): 3
- Labour - Organised: 1
- Staff associations: 1
- Students: 2
- Ministry: 1


Total : 9 people

The committee must be co-ordinated by the Ministry and must meet within 14 days if possible.

The report by the Task Team must be finalised by end of November.

Funding: The Committee would be led by CCP proposals.
Task Team's brief: To look at areas indicated above.


ADDENDUM

1. Dat bevorderbaarheid ge-evalueer word op aanheveling van die Prinsipaal van die
betrokke Kollege deur minstens een Prinsipaal van 'n ander Kollege (verkieslik twee) plus 'n amptenaar van die Departement.

2. Dat alle Prinsipale van Kolleges op dieselfde posvlak sal wees. Motivering:

2.1 Dat jy as Prinsipaal van 'n kleiner Kollege baie weer moet opoffer en hanteer as die van 'n groot Kollege. Die Prinsipale van kleiner Kolleges moet die rol speel van Prinsipaal, Senior Adjunk Prinsipaal en Adjunk Prinsipaal terwyl die Departement alle Kolleges met dieselfde getal administrasie belas - die getal aktiwiteite is dus oral dieselfde. In die meeste gevalle moet hierdie Prinsipaal nog klas ook gee. Om dus diskriminasie te voorkom, stel ek voor dat alle Prinsipale ook salarisgewys dieselfde behandeling ontvang.


DRAFT BILL
(15 NOVEMBER 1994)


TECHNICAL C0LLEGE
EDUCATION AND TRAINING BILL, 1994


BILL

To provide for the establishment of technical colleges; and for the control, management and regulation thereof; and for matters connected therewith.

[English text signed by the President]
[Assented to....................... ]

BE IT ENACTED by the President and the Legislature of the RSA of........ as follows:

Definitions

1. In this Act, unless the context otherwise indicates -

(i) "Academic board" means an education and training board of a college contemplated in section 10;

(ii) "College' means a technical college for education and training and includes:

(a) a college as contemplated in the definitions of "State school" and "State-aided school" in section 1 of the Coloured Persons Education Act, 1963 (Act No. 47 of 1963);

(b) a technical college as defined in section 1 of the Indians Education Act, 1965 (Act No. 61 of 1965) and section 1 of the Education and Training Act, 1979 (Act No. 90 of 1979); and section 1 of the Technical Colleges Act, 1981 (Act No. 104 of 1981); and

(c) and any other relevant technical college act.

(iii) "Council" means a council of a college constituted in accordance with section 8;
(iv) "Committee" means the Committee of Technical College Principals referred to in section 39;
(v) "Constitution" means the Constitution of the Republic of South Africa 1993 (Act No. 200 of 1993);
(vi) "Department" means the department responsible for education and training;
(vii) "Financial authority" means the person appointed in terms of section 149 of the Constitution as Member of the Executive Council responsible for the administration of the financial affairs of the province;
(viii) 'Fixed date" means the date of commencement of this Act;
(ix) "Formal Post school instructional programme" means a college instructional programme approved by the Minister of Education as general policy and which is offered at a college, with a view to obtain a post-school vocational education qualification;
(x) 'Gazette" means the Government Gazette
(xi) "Governing body" in relation to a private college means the person or body in which the control and management of the private college are vested;
(xii) "Head of Education" means the Head of the Department, responsible for the education and training in the province.
(xiii) 'Legislature" means the legislature for the province under section 125 of the Constitution;
(xiv) 'Level" means a level as defined in section 1 of the School Education Act 1994.
(xv) 'Minister" means the Minister of Education responsible for national standards and norms.
(xvi) 'Member of the Executive Council" means the person appointed in terms of section 149 of the Constitution as Member of the Executive Council responsible for education and training in the province;
(xvii) 'National policy" means national education policy determined by a designated authority within the jurisdiction of the national government;
(xviii) 'Non-formal instructional programme" means an instructional programme other than a formal instructional programme;
(xix) "Post-school vocational education" means instruction and training provided to persons on a level higher than the tenth level with a view to the pursuance of a vocation and which is primarily intended for persons who are not subject to compulsory school attendance in terms of a provision of any law or who were exempted from such a provision;
(ix) "Post-school vocational education qualification" means a qualification issued on the successful completion of a formal instructional programme in terms of a law regulating the certification of such a qualification;
(xxi) "Prescribed' means prescribed by regulations and statutes;
(xxii) "Principal" means a person appointed as chief executive officer at a college or a person acting in that post.
(xxiii) "Private college" means a private institution registered or deemed to be registered under section 34.
(xxiv) "Province" means the province of................ being one of the provinces established under section 124 of the Constitution;
(xxv) "Provincial Gazette" means the official gazette in which government and other official notices of the provincial government are published;
(xxvi) "Regulation" means a regulation made under this Act.
(xxvii) "State-aided college" means a (state-aided) college for education and training referred to in section 3 as set out in term of schedule 1.
(xxviii) "State college" means a state technical college for education and training referred to in section 3 as set out in terms of schedule 1.
(xxix) "Statutes" means a statute of a college drafted in terms of section 18.
(xxx) "Joint statutes" means the joint statutes drafted and in force in terms of section 40.
(xxxi) "Treasury" means the financial authority responsible for the financial affairs on a national level.

Application of Act

2. The provisions of this Act shall, subject to national policy and to the provisions of any law, apply to education in general, apply to education and training provided in, and the functions of technical colleges for education and training.

3. Establishment, declaration, amalgamation and closure of a college

The Minister of Education may with the approval of the Minister and:

(a) concurrence of the financial authority, establish a college

(b) after consultation with the council of a state college by notice in the Provincial Gazette declare the state college concerned to be a college on the conditions mutually agreed upon between the Minister and the council with effect from a date mentioned in the notice.

(c) after consultation with the councils of the colleges concerned by notice in the Provincial Gazette amalgamate two or more state colleges or a state-aided college and a state college into a college subject to the conditions mutually agreed upon between the Minister and the council; and

(d) after consultation with the council of a college by notice in the Provincial Gazette -
(i) declare that the college concerned shall be closed from a date mentioned in the notice; and
(ii) make arrangements with regard to the administration of the affairs of the college concerned.

(e) After consultation with the Committee, by notice in the Provincial Gazette declare any other educational institution to be -

(i) a college; or
(ii) a subdivision of a college mentioned in the notice, as from a date determined in the notice.

Continued existence of certain institutions

4. (1) A state and state-aided college or any other institution providing post-school vocational education established in terms of a law repealed by this Act and which existed immediately prior to the fixed date shall from that date be deemed to be a college as the case may be established under this Act.

(2) A college council shall within 90 days after the fixed date be constituted in terms of section 8 for a college referred to in subsection (1) and until such council is constituted, the body that managed such a college immediately prior to the fixed date shall exercise all the powers and perform all the functions which in terms of this Act shall be exercised or performed by a council.


Name of college

5. The name of a college shall be determined by the council.

Functions of a college

6. The functions of a college shall be -

(a) to provide post-school vocational education with a view to obtaining a post-school vocational education qualification which shall be certified under a law regulating the certification of such qualifications: or

(b) to offer other formal instructional programmes recommended by the Council and approved by the Minister;

(c) to offer non-formal instructional programmes approved by the Council.

Composition of a college

7. A college shall comprises -

(a) the principal
(b) a council
(c) an academic board
(d) the staff; and
(e) the students

Composition of a council of a college

8. A council shall have no fewer than seven and no more than twenty members and shall consist of -
(a) the principal of the college;

(b) members as representatives of interested bodies and organizations from the community and recognised by the MEC, recommended by the Council;

(c) a maximum of three other members appointed by the MEC;

Committees of the council

9. (i) A council may appoint one or more committees which, subject to theinstructions of the council, shall perform such functions of the council as the council may determine, from time to time.

(ii) A committee of a council shall consist of the number of members determined by the council and may include persons who are not members of the council.

(iii) A council may at any time after consultation with the committee concerned dissolve or reconstitute the committee.

(iv) One of the members of a committee of a council shall be designated by the council as chairman of the committee.

(v) A council shall not be divested of a function which in terms of this section has been assigned to a committee of that council.

(vi) Any decision taken by any such committee in the performance of any function so assigned, shall be presented for ratification to the council at its first meeting after the decision was taken.

Composition of academic board

10. The academic board of a college for education and training shall consist of -

(a) the principal, who shall be the chairman;

(b) such number of members of the academic staff and other employees of the college as stipulated in the statute and who are appointed by the council;

(c) such number of members of the council, as determined in the statutes, and appointed by the council in the manner and for the period prescribed by the rules; and

(d) such additional members as the council may designate on the recommendation of the academic board.


Powers and functions of academic board

11. (1) The quorum for and the procedure at meetings of the academic board shall be prescribed by the rules.

(2) The meetings of the academic board shall be held at such times and places as may be determined by the academic board from time to time.

(3) The academic board of a college -
(a) shall, notwithstanding the provisions of section 14, exercise control over the instruction and discipline of the students at the college to the extent approved by the council and shall submit to the council such reports on its functions as the council may require;

(b) shall advise the council in regard to any matter which the council may refer to the academic board for its advice;

(c) may make such recommendations to the council on academic matters as in its opinion are of interest to the college;

(d) shall supervise and control all examinations conducted by the college in terms of its rules; and

(e) shall perform the functions assigned to it by the council from time to time.

Admission to study at a college

12. (1) The requirements for admission of students to a college shall -

(a) fulfil the minimum requirements for admission to a course of study at a college as determined by the committee in the joint statutes in terms of section 40; or

(b) fulfil the requirements for a certificate of exemption issued by the council in terms of section 17.

(2) The council may, after consultation with the academic board -

(a) notwithstanding the provisions of subsection 12(1)(a), prescribe additional entrance requirements in respect of particular instructional programmes;

(b) determine the number of students who may be admitted for a particular instructional programme;

(c) prescribe the minimum requirements of study with a view to readmission to study at a college; and

(d) refuse permission to a student who fails to satisfy the said minimum requirements for readmission to study at a college.


(3) The council may refuse the admission of any person as a student to the college if the council considers it to be in the interest of the college to do so.


Medium of instruction of a college

13. The medium of instruction at a college shall be determined by the council.


Disciplinary measures

14. A student at a college shall be subject to such disciplinary measures and such disciplinary procedures as may be prescribed by the council after consultation with the academic board.


Investigation at a college

15. The MEC may at any time order an investigation to be conducted at a college in regard to such matters as he/she may deem expedient.


Establishment of an instructional programme

16. (1) The council of a college may establish an instructional programme at
a college. Provided that -
(a) a formal instructional programme with a view to obtaining a diploma or certificate;

(b) any other instructional programme;

(c) a non-formal instructional programme at a college which results in any form of subsidization shall not be offered without the prior written approval of the MEC.

(2) Any existing instructional programme lawfully introduced at any college or institution before the date on which it is deemed to be a college established under this Act, shall be deemed to have been introduced in accordance with the provisions of this section.


Examination and evaluation

17. (1) Examination and evaluation with regard to formal instructional programmes shall be conducted under a joint statute regulating the certification of such instructional programmes.

(2) Examination and evaluation with regard to non-formal instructional programmes shall be conducted by the college.

(3) The council of a particular college may, on the recommendation of the Committee, recognize an examination which a student at that college has passed at any other college for the purpose of the said student's obtaining a college certificate at the first-mentioned college.

(4) The council of a college may, with the concurrence of its academic board, recognize an examination -

(a) which in the opinion of the council is equivalent to or higher than the corresponding examination required by the council; and

(b) which has been passed by any person at any other educational institution the instructional programmes of which are regarded by the council as equivalent to those at the college concerned for the purpose of such person obtaining a college certificate.


Statutes of a college

18. (1) A council shall, subject to subsection (2), have the power to draft statutes so as to give effect to any law relating to the college, and in connection with the general management of the college in respect of matters not expressly prescribed by any law.

(2) A statute in connection with -

(a) the composition of an academic board shall not be drafted, amended or repealed, except on the recommendation of such academic board; and

(b) the studies, instruction, examinations and discipline at or of a college shall not be drafted, amended or repealed, except after consultation with such academic board.

(3) A statute made under this section shall be tabled in Parliament by the Member of the Executive Council within 14 days after promulgation thereof, if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

(4) (a) If Parliament by resolution disapproves such a statute or any section of such a statute, the legal force of that statute shall lapse to the extent to which it is so disapproved.


(b) The lapsing of a statute shall not effect -
(i) the validity of anything done under the statute up to the date on which it so lapsed; and

(ii) any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the statute.


Status and patrimonial power of colleges

19. (1) A college shall be a juristic person.

(2) A college shall be an employer as defined in section 1 of the Educators' Employment Act, 1994.

(3) A college may, subject to the provisions of this Act, purchase or otherwise acquire, hold, hire, let, sell, exchange or otherwise alienate any movable or immovable property, or grant to any person any real right in or servitude on its property and invest, lend and borrow money: Provided that no college shall, without the approval of the Member of the Executive Council, let for a period of longer than two years, sell, exchange or otherwise alienate its immovable property acquired with the financial assistance of the State, or grant to any person any real right therein or servitude thereon. (should money still be owed to the state or on loan from the state)

(4) All funds, which immediately prior to the date referred to in section 4 were vested in the governing body or controlling body concerned by virtue of a trust, donation or bequest, shall be applied by the college concerned in accordance with the conditions of the trust, donation or bequest.


Management of colleges

20. Subject to the provisions of this Act the management and executive power of a college shall be vested in its council.


Functions of council

21. (a) The council shall, subject to subsections 21(b) and 21(c), have the power to draft rules for the college with a view to the effective administration of the Act.

(b) Rules relating to -

(i) the composition of an academic board shall not be drafted, amended or repealed, except on the recommendation of such an academic board;

(ii) the studies, instruction, examinations and discipline of a college shall not be drafted, amended or repealed, except after consultation with such an academic board; and

(iii) the conditions of service, discipline, privileges and functions of the employees of the college shall not be drafted, amended or repealed, except after consultation with the employees of the college.

(c) The council shall -

(i) subject to the provisions of this Act and with due observance of the general education policy contemplated in section 2(1) of the National Policy for General Education Affairs Act, 1984 (Act No. 76 of 1984); and

(ii) after consultation with the academic board, appoint the academic staff, and all other employees that it may consider necessary for the efficient instruction of students and administration of the college, on such conditions of service as may be determined by the council, and persons so appointed shall be subject to such disciplinary provisions as may be prescribed by the rules of the colleges;

(iii) determine, levy and collect the fees payable by students and the boarding fees payable by resident students and staff, in the manner prescribed by the rules;

(iv) collect and pay over to a Certification Council for College Education the fees prescribed by such council.

(d) The council of a college may conclude agreements of co-operation with other educational institutions.


Donations by local authorities to colleges

22. Notwithstanding anything to the contrary contained in any law a local authority may donate land, money or other goods to a college.


Subsidies to colleges

23. (1) The Member of the Executive Council shall, with the concurrence of the financial authority, out of moneys appropriated for such purpose by the Legislature pay a subsidy to a college on such basis and subject to such conditions as been determined by the Minister, including capital and running expenses in the subsidies to colleges. The subsidy shall be paid at the beginning of the financial year.

(2) If any college fails to comply with any condition subject to which a subsidy has been paid to it the Member of the Executive Council may call upon such college to comply with that condition within a fixed period.

(3) If such college thereafter fails to comply with the said condition the Member of the Executive Council may at any time terminate or reduce the subsidy from a date determined by him or her: Provided that the Member of the Executive Council shall before he terminates or reduces such subsidy give the council of the college an opportunity to make representations to him or her in connection with the proposed termination or reduction.


Loans to a college

24. The Member of the Executive Council may, with the concurrence of the financial authority out of moneys appropriated by the Legislature for such purpose, grant loans to a college for one or more of the following purposes namely -

(a) the erection of buildings or the purchase, construction or installation of fittings or fixtures;

(b) the acquisition of land, including land on which any building has been erected, or rights on or interests in land, and for the payment of costs in. connection with any survey or transfer of land or the registration of land or rights on land;

(c) the fencing or improvement of land belonging to the college concerned;

(d) the purchase of movables of a capital nature; or

(e) the repayment of money borrowed by a college from any person other than the State for a purpose mentioned in paragraph (a), (b), (c) or (d).


Application for loans

25. (1) Every application for a loan referred to in section 25 shall be submitted in writing to the Member of the Executive Council and shall clearly state the purpose of the proposed loan.

(2) On receipt of such an application the Member of the Executive Council may call for such estimates, plans, specifications, reports, returns and other information and may cause such inspections to be made as he may deem necessary.


Conditions of loans

26. (1) Every loan granted under section 25 shall be subject to such conditions as may be determined by the Treasury.

(2) Every such loan together with interest due thereon shall, subject to any prior charge or hypothecation, be a charge upon all the property, movable or immovable, present or future, of the college concerned: Provided that the Member of the Executive Council with the concurrence of the financial authority, may at any time by writing under her/his hand waive any preference under this subsection in favour of the holder of any bond over such property if he/she is satisfied that the value of the property is sufficient to cover the amount of the loan which has not been repaid and the amount secured by such bond.


(3) The period within which any such loan and the interest thereon shall be repaid shall be determined by the financial authority before the granting of the loan, but the financial authority may from time to time extend any such period: Provided that every such loan together with the interest thereon shall be repaid within forty years from the date on which the first repayment in terms of section 28 shall be due or within the aggregate of the said period together with any period of suspension referred to in that section.


Repayment of loans

27. (1) A college to which a loan has been granted under section 25 shall pay to the financial authority within Treasury guidelines on the first day of January and on the first day of July in every year one half of the annual payment required to redeem the capital sum advance together with interest thereon at such rate as the financial head may determine and the sums so payable shall continue to be payable until all the moneys lent from time to time together with interest thereon have been repaid.

(2) The first payment shall be made on such date (not being later than five years after the loan or the first instalment of the loan was paid) as the financial authority may determine, provided that during any such time as elapses between the date when the first instalment was paid and the date so determined by the financial authority, interest at the aforesaid rate per annum on any such instalment shall be payable by the college to the financial authority: Provided further that the financial authority may in special circumstances from time to time suspend in respect of any particular year any such annual payment in redemption of the capital sums advanced.


Financial year, records and annual financial statements of colleges

28. (1) The financial year of a college shall terminate on the last day of December in each year.

(2) The college shall keep such accounting records as are necessary to reflect the transactions and financial state of affairs.

(3) The college shall in respect of each financial year make out financial statements, cause such statements to be audited and within four months after the end of that financial year submit copies of the audited statements to the Head of Education.


(4) The financial statements referred to in subsection (3) shall consist of

(a) a balance sheet reflecting the assets and liabilities of the college at the end of the year concerned;

(b) an income statement or similar financial statement reflecting the income and the expenditure (including any losses) of the college during the year concerned; and

(c) such other statements as may be requested by the Member of the Executive Council.

(5) The accounting records and annual financial statements of a college shall be audited by a person registered as an accountant and auditor in terms of the Public Accountants and Auditors Act 1991 (Act No. 80 of 1991) and appointed by the college council.

(6) Furnish the Member of the Executive Council with any additional information required by him in regard to the management and finances of the college.


Declaration of state-aided college

29. (1) As from the date on which a state college is declared to be a college under section 3(b) -
(a) the ownership and control of movable and immovable property and all rights which immediately prior to that date vested in the State and which relate to the college concerned, shall devolve upon the college concerned on such terms and conditions as the Member of the Executive Council may determine;


(b) the liabilities and obligations which immediately prior to that date vested in the State shall devolve upon the college concerned; and

(c) the management and executive power of the college concerned shall vest in its council constituted in accordance with the provisions of this Act.

(2) Immovable property devolving upon the college in terms of subsection(l)(a) shall be transferred to the college without payment of transfer duty, stamp duty or other moneys or costs, but subject to any term or condition contemplated in subsection (1)(a) and any existing right, encumbrance, duty or trust on or over that property.

(3) The officer in charge of a deeds office or other office where the immovable property referred to in subsection (2) is registered shall on submission to him of the title deed concerned make such endorsements on that title deed and such entries in his registers as may be required to register the transfer concerned.

(4) The declaration of a state college as college shall not affect anything legally done by the Member of the Executive Council or the council prior to the declaration.

(5) Notwithstanding the provisions of subsection (1) the Provincial Legislature shall in respect of the immovable property of a college remain liable for the payment of rates which are levied under any law by a local authority on the value of immovable property within its area of jurisdiction.


Closure of a college

30. (1) As from the date on which a college is declared to be closed, all assets and liabilities of such college shall subject to the conditions of a donation contemplated in section 22 and other donations bequests or trusts.

(2) Immovable property devolving upon the State by virtue of subsection (1) shall be transferred to the State without payment of transfer duty, stamp duty or other moneys or costs.

(3) The officer in charge of a deeds office or other office where the immovable property referred to in subsection (2) is registered shall on submission to him of the title deed concerned make the necessary endorsements on that title deed and the necessary entries in his registers.


Prohibited acts unless registered as private college

31. No person or body except a college shall provide instruction and training with a view to the pursuance of a vocation at a post-school level by means of an instruction programme which in the opinion of the Member of the Executive Council corresponds wholly or partly with a formal technical college programme on a full-time or part-time or distant education unless such person or body has been registered as a private college in terms of this Act.


Application for registration

32. (1) Any person who intends to register a private college shall apply in writing to the Head of Education for such registration.

(2) An applicant for the registration of a private college shall furnish such additional particulars in connection with his application as the Head of Education may require.


Consideration of applications for registration of private colleges

33. (1) The Head of Education may grant or refuse an application referred to in section 32 but he/she shall not grant an application if the applicant concerned does not comply with the prescribed requirements or that the instruction programme which the applicant intends to offer does not correspond wholly or partly with a formal instructional programme.

(2) If the Head of Education refuses an application referred to in section 32 he shall notify the applicant in writing of any such refusal and the reasons therefor.


Registration of private colleges

34. (1) If the Head of Education grants an application referred to in section 32 he shall register the applicant as a private college and issue to the applicant a registration certificate in such form as he may determine.

(2) The registration of a private college shall be subject to the prescribed conditions contained in section 33.

(3) The registration of a private college in terms of this Act shall not exempt any person from any other obligation in respect of registration in terms of any other law.


Inquiry at private college

35. The provisions of section 15 shall mutatis mutandis apply to a private college.


Retention of existing registration

36. A private college registered in terms of a law repealed by this Act or deemed to have been registered in terms of such a law and which existed immediately prior to the fixed date shall from that date be deemed to be a private college registered under section 34.


Withdrawal of registration

37. (1) If the Head of Education is on reasonable grounds of the opinion that a private college registered under section 34 or which is in terms of section 35 deemed to be registered under section 34 does not comply with a requirement referred to in section 33(1) or a condition referred to in section 34(2) he may subject to the provisions of subsection (2) withdraw the registration of that private college.

(2) (a) Before withdrawing the registration of a private college under subsection (1) the Head of Education shall in a written notice addressed to the governing body of such private college -

(i) notify the governing body of the proposed withdrawal;

(ii) furnish the reasons for the proposed withdrawal; and

(iii) set out the requirements or conditions with which there should be complied within a reasonable period determined by the Head of Education and mentioned in the notice in order to prevent the proposed withdrawal.


(b) If the governing body fails to comply with the said requirements or conditions within the period referred to in paragraph (a)(iii) the Member of the Executive Council may withdraw the registration of the private college concerned with effect from a date determined by him.


Appeal to Member of the Executive Council against decision of Head of Education

38. (1) Any person who feels aggrieved by a decision of the Head of Education under section 33(1) or section 37 may within 30 days after receiving notice of the decision concerned in writing with an exposition of the grounds of appeal, appeal against such decision to the Member of the Executive Council.

(2) The Member of the Executive Council may request such further information regarding the appeal as he may deem necessary from the appellant and the Head of Education.

(3) After consideration of all the relevant information the Member of the Executive Council may -

(a) allow the appeal in whole or in part; or

(b) dismiss the appeal.

and shall notify the appellant and the Head of Education in writing of his decision.


Committee of Technical College Principals

39. (1) There shall be a Committee known as the Committee of Technical College Principals consisting of the principals of all the colleges in the RSA and the principals of private colleges whose applications for membership have been granted by the Committee.

(2) If the post of principal at a college is vacant and no person is appointed to act in the post the council concerned may designate a member of the lecturing staff to represent the college at any meeting of the Committee.

(3) If a principal is unable to attend a meeting of the Committee he may nominate a member of the teaching staff to represent him at the meeting.

(4) The functions of the Committee shall be to -

(a) advise a Member of the Executive Council or the Head of Education in regard to matters relating to colleges referred to it by a Member of the Executive Council or the Head of Education; and

(b) advise a Member of the Executive Council or the Head of Education in regard to any other matter of common interest to colleges and in respect of which the Committee deems it necessary to advise a Member of the Executive Council or the Head of Education.

(c) perform any function assigned to it by or under this Act or the joint statutes;

(d) prescribe the requirements for admission to study at a college in the joint statutes;

(e) determine the requirements for the issuing of a certificate of exemption entitling a person to admission to study at a college.

(5) The annual amount to be contributed by a college towards the general expenses shall be determined by the Committee..

(6) The Committee shall function in accordance with a constitution drafted by the members and approved by the Minister.

(7) The word incidental to the carrying out of the functions of the Committee shall be performed by such members of staff of a college as the Committee may designate with the concurrence of the council of such college.


Joint statutes

40. (1) The Committee shall have the power to draft joint statutes, which shall be common to all colleges, with a view to the effective administration of the provisions of this Act, and to provide for all matters which are of common interest to the colleges.

(2) Any joint statute which the Committee proposes to draft under this section shall be submitted to a Member of the Executive Council or Head of Education for his approval, and if approved by him, it shall come into operation on the date of promulgation thereof in the Provincial or Government Gazette.

(3) Any joint statue drafted under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

(4) (a) If Parliament by resolution disapproves such joint statute or any section of such joint statute, such joint statute shall lapse to the extent to which it is so disapproved.

(b) The lapsing of such a joint statute shall not affect -

(i) the validity of anything done under the joint statute up to the date on which it so lapsed;

(ii) any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the joint statute.


Joint rules

41. (a) The Committee shall have the power to draft joint rules with a view to the effective administration of the joint statutes.

(b) Any joint rule which the Committee proposes to draft under this section shall be submitted to a Member of the Executive Council or Head of Education for approval, and if approved, it shall come into operation on the date of promulgation thereof in the Gazette.


Appointment of employees by the Committee

42. The Committee may, on such conditions as it may determine, appoint such employees as it may deem necessary to assist it in the performance of its functions.


Exclusion of provisions of Workmen’s Compensation Act, 1941

43. No student at a college for vocational education shall for the purposes of the provisions of the Workmen's Compensation Act. 1941 (Act No. 30 of 1941) be deemed to be a workman or other person entitled to payment of compensation or any other benefit under the said Act.


Offences and penalties

44. Any person who -

(a) is not a college and who -

(i) in any way makes it known or pretends to any other person that he or some other person can offer an instruction programme or part thereof the content or standard of which is similar to the content or standard of a formal post-school vocational instruction programme offered at a college or offers such instruction programme which shall entitle the person who has followed such an instruction programme or part thereof to the issuance to him of any certificate or diploma which may be issued under a law regulating the certification of such a qualification; or

(ii) confers a certificate or a diploma purporting to be a certificate or diploma based on a formal instruction programme successfully completed at a college.


(b) performs any act which purports to have been performed by or on behalf of a college;

(c) establishes, conducts or maintains an institution which is not a college;

(d) contravenes the provisions of section 32; or

(e) obstructs or hinders any person in the performance of his duties under section 16 or that section read with section 36 or who interferes with such person in the performance of such duties; shall be guilty of an offence and on conviction liable to a fine not exceeding R5 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.


Delegation of powers

45. (1) The Member of the Executive Council may subject to such conditions as he/she may determine delegate any of his powers under this Act except a power referred to in sections 42 and 43 and assign any of his duties in terms of this Act to the Head of Education or a person employed by the Department or to a college council.

(2) The Head of Education may subject to such conditions as he/she may determine delegate any of his powers under this Act or delegated to him in terms of subsection (1) and assign any of his duties in terms of this Act or assigned to him in terms of subsection (1) to a person employed by the Department or to a college council.

(3) A council may and subject to such conditions as it may determine, delegate any of its powers under this Act or delegated to it in terms of subsection (2) and assign any of its duties in terms of this Act or assigned to it in terms of subsection (2) to the academic board or the principal of the college concerned.

(4) The principal of a college may with the consent of the council and subject to such conditions as he may determine, delegate any of his powers under this Act or delegated to him in terms of this section and assign any of his duties in terms of this Act or assigned to him in terms of this section to a member of the college staff.


(5) A delegation under subsection (1), (2), (3) or (4) shall not prevent the Member of the Executive Council, Head of Education, council or principal as the case may be from exercising such power or performing such duty, as the case may be himself.


Students' representative council

46. (1) Provision should be made for the election of a students representative council.

(2) The constitution, manner of election, term of office, functions and privileges of a students' representative council shall be approved by the council after consultation, with the student body.


Repeal of laws

47. The laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column of the Schedule.


Short title and commencement

48. This Act shall be called the Technical College Education and Training Act. 1994 and shall come into operation on a date fixed by the President by proclamation in the Government Gazette.