Higher Education Act, 2003
Act 26 of 2003
- Published in Government Gazette 3125 on 31 December 2003
- Assented to on 21 December 2003
- Commenced on 1 March 2005 by Commencement of the Higher Education Act, 2003
- [This is the version of this document from 2 June 2008 and includes any amendments published up to 17 November 2023.]
- [Amended by Vocational Education and Training Act, 2008 (Act 1 of 2008) on 2 June 2008]
Part I – PRELIMINARY
1. DefinitionsIn this Act, unless the context indicates otherwise -“higher education” means all learning programmes leading to qualifications higher than grade 12 or its equivalent, and includes tertiary education as contemplated in Article 20(4) of the Namibian Constitution, but does not include -(a)vocational education and training as defined in section 1 of the Vocational Education and Training Act, 2008 (Act No. 1 of 2008); or[paragraph (a) substituted by Act 1 of 2008](b)open learning provided by the Namibia College of Open Learning established by the Namibian College of Open Learning Act, 1997 (Act No. 1 of 1997);“higher education institution” means any institution that provides higher education and which is -(a)established by or under any law; or(b)registered as a private higher education institution under this Act;“Minister” means the Minister responsible for higher education;“Ministry” means the Ministry charged with the administration of higher education affairs;“NCHE” means the National Council for Higher Education established by section 4;“NQA” means the Namibia Qualifications Authority established by section 4 of the Namibia Qualifications Authority Act, 1996 (Act No. 29 of 1996);“panel of enquiry” means the panel of enquiry established by section 37;“Permanent Secretary” means the Permanent Secretary of the Ministry;“prescribe” means prescribe by regulation;“private higher education institution” means any institution that provides higher education and which is established and maintained at the expense of the owner thereof and registered in terms of section 25 as a private higher education institution;“public higher education institution” means any institution that provides higher education and which is established by or under any law and is funded wholly or partially by the State, but does not, for purposes of Part V, include any teachers’ education college established under the Teachers’ Education Colleges Act, 2003;“register” means a register kept and maintained in terms of section 24;“registrar” means the registrar referred to in section 23;“regulation” means a regulation made under section 44;“Secretariat” means the National Council for Higher Education Secretariat established by section 16;“this Act” includes the regulations made thereunder.
Part II – APPLICATION OF ACT AND DETERMINATION OF POLICY
2. Application of ActThis Act applies to higher education in Namibia.
3. Determination of national policy on higher education and supervision over higher education system
Part III – NATIONAL COUNCIL FOR HIGHER EDUCATION
4. Establishment of NCHEThere is hereby established a council to be known as the National Council for Higher Education.
5. Objects of NCHEThe objects of the NCHE are -
6. Functions of NCHEThe NCHE may, subject to this Act, do all things necessary or reasonably required to carry into effect its objects and must more specifically -
7. Composition of NCHE
8. Alternate members of NCHE
9. Notice of appointment of members of NCHEThe Minister must cause notice to be given in the Gazette of the names of every member and alternate member of the NCHE appointed or designated in terms of section 7 or 8 and of the date from which the appointment or designation of any such member or alternate member takes effect.
10. Persons disqualified from being members of NCHEA person may not be appointed as a member or appointed or designated as an alternate member of the NCHE if he or she-
11. Term of office of members of NCHE
12. Meetings and decisions of NCHE
13. Disclosure of interest by members of NCHE
14. Committees of NCHE
15. Allowances of members of NCHE and of committees and other expenses
16. Establishment of SecretariatThere is hereby established a secretariat to be known as the National Council for Higher Education Secretariat.
17. Composition of SecretariatThe Secretariat comprises such staff members of the Ministry as the Permanent Secretary may designate to perform the functions of the Secretariat.
18. Functions of SecretariatThe functions of the Secretariat are to provide such secretarial and administrative services and technical assistance as may be required by the NCHE or any committee of the NCHE.
19. Accommodation and other facilitiesThe Ministry must facilitate the acquisition of the accommodation and other facilities required by the NCHE or any committee of the NCHE or the Secretariat for the performance of any work related to the functions of any such body.
20. Information to be furnished to NCHENotwithstanding anything to the contrary in any law contained, a higher education institution or any other person must, at the written request of the NCHE, furnish it with such information as the NCHE may reasonably require for purposes of the performance of its functions in terms of this Act.
21. Assignment of functions by NCHE
Part IV – REGISTRATION, DEREGISTRATION AND CLOSURE OF PRIVATE HIGHER EDUCATION INSTITUTIONS
22. Establishment of private higher education institutionsEvery person has the right to, at his or her own expense, establish and maintain a private higher education institution, but must, before higher education is provided to any person at the institution, register that institution in terms of section 25.
23. Registrar of private higher education institutions
24. Register of private higher education institutionsThe registrar must keep and maintain a register of private higher education institutions.
25. Registration of private higher education institutions
26. Display of registration certificateA private higher education institution must in a discernable manner display -[The word “discernible” is misspelt in the Government Gazette as reproduced above.]
27. Application for amendment of registration
28. Requirements for amendment of registration
29. Deregistration of private higher education institutions
30. Right of appeal to the Minister
31. Failure to remedy defects and closure of private higher education institution by Minister
32. Inspection and copies of documentsThe registrar may, if he or she is satisfied that it is in the public interest or in the interest of higher education in general, allow any person to at any reasonable time -
Part V – FUNDING OF PUBLIC HIGHER EDUCATION INSTITUTIONS
33. Determination of policy on funding of public higher education institutionsThe Minister must, after consultation with the NCHE and with the concurrence of the Minister responsible for finance, determine the policy on the funding of public higher education institutions.
34. Allocation of funds to public higher education institutions
35. Failure by governing body of public higher education institution to exercise proper control
Part VI – INVESTIGATION OF HIGHER EDUCATION INSTITUTIONS
36. Investigation into affairs of higher education institutionsAll higher education institutions are subject to investigation in terms of this Part.
37. Establishment of panel of enquiry
38. Functions of panel of enquiry
39. Remuneration of members of panel of enquiry
40. Issue of certificates of appointment to members of panel of enquiryThe Minister must in such form as may be determined by him or her issue a certificate of appointment to every member of the panel of enquiry.
Part VII – GENERAL PROVISIONS
41. Offences and penalties
42. Preservation of secrecyNo person may disclose any information obtained by him or her in the performance of his or her functions in terms of this Act, except -
43. Limitation of liabilityNo person, including the State, is liable in respect of anything done or omitted in good faith and not attributable to gross negligence during the performance of any function in terms of this Act.
45. Conflict with other lawsIf any conflict arises between this Act and any other law dealing with higher education, except the Namibian Constitution, this Act prevails.
46. Amendment of Schedule to Act No. 16 of 2001The Schedule to the Education Act, 2001 (Act No. 16 of 2001) is amended by substituting in column 3 thereof the words “The whole except in so far as it applies to teachers’ education colleges and agricultural colleges providing tertiary education” for the words “The whole in so far as it applies to schools and education other than tertiary education”, where those words occur two times.
47. Transitional provisions and savings
48. Short title and commencement
|Regulations for Registration of Private Higher Education Institutions, 2009||Government Notice 160 of 2009|
Cited documents 7
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