Education & Training Pack

All higher education programmes must be accredited by the Higher Education Quality Committee (HEQC) of the Council on Higher Education before they may be offered. The accreditation process evaluates: programme design and curriculum, staffing qualifications, teaching and learning strategy, assessment practices, student support, and infrastructure. Accreditation is granted for a specified period (usually 5-6 years), after which re-accreditation is required. New programme applications take 6-12 months. Penalty: Offering an unaccredited programme — DHET may cancel institutional registration. Students may not receive recognised qualifications. Reference: Higher Education Act 101 of 1997 s7, CHE HEQC Framework for Programme Accreditation (2004).

All private higher education institutions (HEIs) must register with the Department of Higher Education and Training before offering any higher education programme. Registration requirements include: proof of adequate financial resources, suitable premises, qualified academic staff, approved quality management system, and programme accreditation by the CHE. Registration is valid for a specified period and subject to conditions. Penalty: Operating an unregistered private HEI is a criminal offence — fine up to R500,000 or imprisonment up to 5 years, or both (s69 of Higher Education Act 101 of 1997). Reference: Sections 50-61 of Act 101 of 1997, Regulations on Registration of Private Higher Education Institutions (GN R.1564 of 2016).

Early Childhood Development (ECD) centres providing care for more than 6 children must register as a partial care facility with the provincial Department of Social Development. Since the migration of the ECD function to DBET (now under DHET from 2022), dual registration may be required. Requirements: health and safety compliance certificate, fire safety certificate, municipal zoning approval, kitchen hygiene compliance, police clearance for all staff, first aid trained staff, compliant outdoor play area, and child-to-caregiver ratios (babies 1:6, toddlers 1:12, pre-schoolers 1:20). Penalty: Operating an unregistered partial care facility — fine or imprisonment up to 10 years (s78 of Children's Act 38 of 2005). Reference: Children's Act 38 of 2005 s78-81, Regulations on Partial Care (GN R.261 of 2010).

Centres conducting external integrated summative assessment (EISA) for QCTO occupational qualifications must be accredited by the QCTO as assessment centres. Requirements: suitable assessment facilities, qualified assessment practitioners, quality management system, secure assessment storage and management, and compliance with the QCTO Assessment Policy. Accreditation is valid for a specified period and subject to monitoring. Penalty: Conducting EISA without accreditation — results will not be recognised, and the provider may face deregistration. Reference: Skills Development Act 97 of 1998 s26H, QCTO Assessment Policy (2014).

All independent (private) schools must be registered with the relevant provincial Head of Department of Education before commencing operations. Requirements include: suitable premises meeting health and safety standards, qualified teaching staff, approved curriculum, governance structure (school governing body), and admission policy. Registration may be conditional or unconditional. The provincial department conducts annual compliance monitoring visits. Penalty: Operating an unregistered independent school — fine up to R20,000 or imprisonment up to 3 months (s46(3) of SA Schools Act 84 of 1996). Reference: Sections 45-51 of SA Schools Act 84 of 1996.

All qualifications and part-qualifications offered by education and training providers must be registered on the National Qualifications Framework (NQF). The responsible quality council (CHE for higher education, Umalusi for general/FET, QCTO for occupational qualifications) recommends registration to SAQA. Providers may only offer NQF-registered qualifications. Registrations are valid for a defined period (typically 5 years) and must be re-registered before expiry. SAQA maintains the National Learners' Records Database (NLRD) for verification. Penalty: Offering an unregistered qualification is an offence — fine or imprisonment up to 5 years (s32 of NQF Act 67 of 2008). Reference: NQF Act 67 of 2008, SAQA Policy and Criteria for Registering Qualifications.

Training providers offering accredited learning programmes must be accredited by the relevant SETA or quality council. For occupational qualifications, QCTO delegates accreditation to SETAs as Skills Development Providers (SDPs). Requirements include: suitable facilities, qualified assessors and moderators registered with the relevant ETQA, approved learning materials, quality management system, and learner management system. Accreditation is valid for up to 5 years. Penalty: Offering accredited programmes without provider accreditation — qualifications issued will not be recognised. Reference: Skills Development Act 97 of 1998 s10, SAQA Policy on Quality Assurance.

Private schools and FET/TVET colleges offering qualifications on the General and Further Education and Training sub-framework must be accredited by Umalusi. The accreditation process evaluates: governance and management, teaching and learning, assessment practices, learner achievement, and resources. Umalusi conducts site verification visits and reviews institutional policies. Accreditation is granted for up to 5 years, subject to annual quality assurance monitoring. Penalty: Operating without Umalusi accreditation — institution may not offer qualifications on the GFET sub-framework. Results may be withheld or not certificated. Reference: GFETQA Act 58 of 2001, Umalusi Accreditation Policy.

The CHE conducts periodic institutional audits to evaluate the quality assurance mechanisms of higher education institutions. Audits assess: governance, quality management systems, teaching and learning, research, community engagement, and student success. Institutions must provide self-evaluation reports and facilitate site visits. Audit outcomes and improvement plans are published. Reference: Higher Education Act 101 of 1997 s7(c), CHE Institutional Audits Framework.

Registered private HEIs must submit an annual report to the DHET covering: student enrolment numbers, graduation statistics, financial statements, staffing information, and programme delivery data. The report must be submitted by 30 June each year for the preceding academic year. Failure to submit may result in conditions being placed on the registration or cancellation of registration. Reference: Section 54(2) of Higher Education Act 101 of 1997, Regulation 13 of GN R.1564 of 2016.

Institutions registered with the DHET and approved to receive NSFAS funding must comply with NSFAS reporting and governance requirements. This includes: accurate student bursary/loan administration, timely disbursement of allowances, submission of registration and results data, maintaining separate NSFAS bank accounts, and annual reconciliation of NSFAS funds. Institutions must report dropouts and course changes within 30 days. Non-compliance may result in withholding of NSFAS allocations, recovery of funds, or removal from the NSFAS approved institution list. Reference: NSFAS Act 56 of 1999, NSFAS Rules (annually gazetted), DHET Ministerial Statement on NSFAS.

Accredited private education institutions on the GFET sub-framework are subject to annual quality assurance monitoring by Umalusi. This includes review of assessment practices, moderation of examination papers and school-based assessment (SBA), verification of results, and monitoring visits. Institutions must maintain records of all assessment activities, learner portfolios of evidence, and internal moderation reports. Non-compliance may result in conditions on accreditation, suspension, or withdrawal of accreditation. Reference: GFETQA Act 58 of 2001 s17, Umalusi Quality Assurance of Assessment Guidelines.

Education and training employers must submit a Workplace Skills Plan (WSP) and Annual Training Report (ATR) to the relevant SETA (typically ETDP SETA for the education sector) by 30 April each year. The WSP identifies skills gaps and planned training; the ATR reports on training delivered. Submission entitles the employer to claim a mandatory grant of 20% of Skills Development Levy (SDL) paid. Discretionary grants up to 49.5% may be available for priority skills programmes. Penalty: Non-submission forfeits mandatory grant. Reference: Skills Development Act 97 of 1998, Skills Development Levies Act 9 of 1999.

Education institutions processing personal information of students, parents/guardians, and staff must comply with POPIA. Key obligations: appoint an Information Officer (registered with Information Regulator), develop a PAIA manual (s17 of PAIA), conduct a personal information impact assessment (PIIA), implement appropriate security safeguards (s19), obtain consent for processing (s11), and ensure lawful transborder transfers of student data (s72). Student records (academic transcripts, disciplinary records, medical information) are subject to special conditions. Minors' data requires competent person (parent/guardian) consent. Penalty: Fine up to R10 million or imprisonment up to 10 years (s107 of POPIA, Act 4 of 2013). Reference: POPIA Act 4 of 2013, Information Regulator Guidance Notes for Education Sector.