Western Cape
South Africa
South Africa
Western Cape Technical Colleges Law
Act 12 of 1994
- Published in Western Cape Provincial Gazette 4911 on 30 December 1994
- Assented to on 22 December 1994
- Commenced on 1 July 1995 by Western Cape Technical Colleges Law: Commencement
- [This is the version of this document from 30 December 1994 and includes any amendments published up to 28 June 2024.]
1. Definitions
In this Law, unless the context indicates otherwise-"academic board" means an academic board referred to in section 11;"college" means a technical college;"college council" means a college council referred to in section 9;"Committee" means the Committee of Principals of Technical Colleges referred to in section 43;"Constitution" means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);"council" means a college council;"Department" means the department responsible for education in the province;"financial head" 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;"fixed date" means the date of commencement of this Law;"formal instructional programme" means an instructional programme approved by the Minister of National Education as general policy and which is offered at a technical college;"formal post-school vocational instructional programme" means a formal instructional programme with a view to the obtaining of a post-school vocational education qualification;"governing body" in relation to a private technical college, means the person or body in which the control and management of the private college are vested;"Head of Education" means the Head of the Department;"Legislature" means the legislature established for the province under section 125 of the Constitution;"level" means a level as defined in section 1 of the Western Cape School Education Law, 1994;"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 in the province;"national policy" means national education policy determined by a competent authority within the jurisdiction of the national government;"non-formal instruction programme" means an instruction programme other than a formal instruction programme;"post-school vocational education" means instruction and training provided to persons on a level higher than the ninth 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;"post-school vocational education qualification" means a qualification issued on the successful completion of a formal post-school vocational instruction programme in terms of a law regulating the certification of such a qualification;"prescribed" means prescribed by regulation;"principal" means a person appointed to the post of principal at a technical college, or a person acting in that post;"private college" means a private technical college;"private technical college" means a private technical college registered or deemed to be registered under section 38;"province" means the Province of the Western Cape, being one of the provinces established under section 124 of the Constitution;"Provincial Gazette" means the official gazette in which government and other official notices of the provincial government are published;"regulation" means a regulation made under this Law;"staff" means all persons employed at the college;"state-aided college" means a state-aided technical college;"state-aided technical college" means a state-aided technical college referred to in section 4, as well as a state-aided college referred to in section 5;"state college" means a state technical college;"state technical college" means a state technical college referred to in section 3, as well as a state college referred to in section 5;"subsidized post" means a post for which a subsidy in terms of section 25 must be utilized by virtue of the conditions imposed in terms of the said section;"technical college" means a state technical college or a state-aided technical college;"this Law" includes a regulation; and"Treasury" means the financial authority with regard to the financial affairs of the province.2. Application of Law
As from the fixed date the provisions of this Law shall, subject to national policy and to the provisions of any law applying to education in general, apply in relation to education and training provided in, and the functions of, technical colleges in the province.3. Establishment, maintenance, declaration, amalgamation and closure of state colleges
The Member of the Executive Council may-4. Establishment, declaration, amalgamation and closure of state-aided colleges
The Member of the Executive Council may-5. Continued existence of certain institutions
6. Name of a technical college
The name of a technical college shall be determined by the college council with the concurrence of the Member of the Executive Council.7. Functions of technical colleges
The functions of a technical college shall be-8. Constitution of a technical college
A technical college shall consist of-9. Constitution of college council
A college council shall have not fewer than seven and not more than twenty members as approved by the Member of the Executive Council, and shall consist of-10. Committees of college council
11. Constitution of academic board
The academic board of a technical college shall consist of-12. Powers and functions of academic board
13. Admission of students
14. Medium of instruction of technical college
The medium of instruction at a college shall be determined by the college council in consultation with the Head of Education.15. Code of conduct and discipline of students
A student at a college shall be subject to such a code of conduct and disciplinary measures as may be determined by the council.16. Inquiry at college
The Head of Education may with reasonable prior notice to the council, in accordance with prescribed procedures as determined by the Head of Education in consultation with the Committee of Principals of Technical Colleges, at any time cause an inquiry to be conducted at a college in regard to any matter affecting-17. Establishment of instructional programme
18. Examination, evaluation and certification
19. Management and control of state technical colleges
20. Powers and functions of college council of state college
21. Status and patrimonial power of state-aided colleges
22. Management and control of state-aided colleges
Subject to the provisions of this Law, the management, control and executive power of a state-aided college shall vest in its council.23. Powers and functions of council of state-aided college
24. Donations by local authorities to state-aided colleges
Notwithstanding anything to the contrary contained in any law, a local authority may donate land, money or other goods to a state-aided college.25. Subsidies to state-aided colleges
26. Action on failure of state-aided college to comply with conditions subject to which subsidy has been paid
27. Loans to state-aided colleges
The Member of the Executive Council may, with the concurrence of the financial head, out of moneys appropriated by the Legislature for such purpose, grant loans to a state-aided college for one or more of the following purposes, namely-28. Application for loans
29. Conditions of loans
30. Repayment of loans
31. Financial year, records and annual financial statements of state-aided colleges
32. Consequences of declaration of state-aided college as state college
33. Cousequeuces of declaratiou of state college as state-aided college
34. Consequences of closure of state-aided college
35. Prohibited acts unless registered as private technical college
No person or body, except a technical college, shall provide instruction and training with a view to the pursuance of a vocation, at a post-school level by means of an instructional programme which in the opinion of the Head of Education corresponds wholly or partly with a formal post-school vocational instructional programme, on a full-time or part-time basis to more than 20 persons, unless such person or body has been registered as a private technical college in terms of this Law.36. Application for registration
37. Consideration of applications for registration of private colleges
38. Registration of private colleges
39. Inquiry at private college
The provisions of section 16 shall mutatis mutandis apply to a private college.40. Retention of existing registration
A private college registered in terms of a law repealed by this Law, 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 38.41. Withdrawal of registration
42. Appeal to Member of the Executive Council against decision of Head of Education
43. Committee of Technical College Principals
44. Funds of Committee of Technical College Principals Education
45. Exclusion of provisions of Workmen's Compensation Act, 1941
No student at a technical college or a private technical college 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.46. Offences and penalties
Any person or college who—47. Delegation of powers
48. Regulations
49. Repeal of laws, and savings
50. Short title and commencement
This Law shall be called the Western Cape Technical Colleges Law, 1994, and shall come into operation on a date fixed by the Premier by proclamation in the Provincial Gazette.History of this document
01 July 1995
Commenced by
Western Cape Technical Colleges Law: Commencement
30 December 1994 this version
22 December 1994
Assented to
Cited documents 2
Legislation 2
1. | Constitution of the Republic of South Africa, 1996 | 4595 citations |
2. | Education and Training Act, 1979 | 2 citations |