Question NW2771 to the Minister of Higher Education, Science and Innovation
26 September 2023 - NW2771
Zungula, Mr V to ask the Minister of Higher Education, Science and Innovation
Whether his department has plans in place to shut down institutions that operate without being registered with the relevant bodies, if not, why not; if so, (a) what are the relevant details of the plans and (b) how have they been or will they be carried out?
Reply:
The Department has plans to close institutions that operate without being registered with the relevant bodies.
a) Plans and processes which are followed to close illegal colleges are guided by both the Constitution and the law enforcement agents. Article 29(3) of the Constitution of the Republic of South Africa requires every private provider of education and training to be registered with the Department of Higher Education and Training (DHET). The purpose of registration is to ensure that private providers of education and training operate within the law, have the necessary resources, capacity and expertise to offer acceptable standards of higher education.
The Department maintains 2 Registers which are published on its website at www.dhet.gov.za for the benefit of the public. These are the Register of Private Higher Education Institutions and the Register of Private Colleges. The Register of Private Higher Education Institutions also lists all the illegal colleges to alert the public, using electronic media.
b) The Department is required to follow specific procedures before it approaches the South African Police Services (SAPS) for assistance, these include:
- Once the Department identifies an illegal institution, it must issue a warning letter which indicates the timeframe for a response.
- Should the institution admit to wrongdoing and agree to terminate its services, then the onus rests with it to inform students and refund the fees paid by students. Students are also advised to seek legal assistance and/or approach the Small Claims Court should refunds not be forthcoming.
- The Department is required to file a case with SAPS in terms of the relevant legislation should the institution desist or not respond or persist in operating illegally. Private higher education institutions are further listed on the list of bogus colleges.
- Thereafter, the responsibility lies with SAPS and the Prosecuting Authority to execute further steps to address the conduct of the institution.
- It must be noted that the Department engages extensively with the institution before it approaches SAPS for closure.