Alongside the public higher education sector a strong private higher education sector exists in South Africa. The Higher Education Act, 1997 (Act No. 101 of 1997) and the Regulations for the Registration of Private Higher Education Institutions, makes it compulsory for private institutions offering higher education to register with the Department of Education.

No private institution, or a foreign institution, shall be allowed to offer higher education in South Africa after 31 December 1999, unless the Department of Education has registered such institution.

Southern Business School’s Legal Status

Southern Business School is:

• Registered with the Department of Education as a private higher education institution under the Higher Education Act, 1997, certificate number 2002/HE07/015;

Our programmes are:

• Accredited by the Council on Higher Education (CHE);
• Recorded on the National Qualifications Framework (NQF) by the South African Qualifications Authority (SAQA);
• Recognised by the Namibian Qualifications Authority (NQA).

Background to the Legal Context

The 1996 Constitution provides for such institutions on condition that they do not discriminate on the grounds of race, register with the state and maintain standards that are not inferior to those at comparable public educational institutions. The Higher Education Act stipulates the legal conditions for the registration of private higher education institutions and imposes various obligations. A regulatory framework has been created to ensure that only those private institutions with the necessary infrastructure and resources to provide and sustain quality higher education will be registered.

Southern Business School (Pty) Ltd. is registered with the Department of Education as a Private Higher Education institution under the Higher Education Act, 1997. Registration Certificate Number: 2002/HE07/015.

Higher Education and Training (HET) is also referred to as tertiary education. According to the Department of Education the higher education band provides the highest level of education, including levels 5 to 8 on the National Qualifications Framework. This band includes all the universities and registered private higher education institutions.

Some Advantages the Legal Requirements Hold for Prospective Students

Registration as a private higher educational institution in South Africa is a process that may take a very long time and requires that stringent academic, quality, institutional and managerial standards are adhered to.

To be eligible for registration as a private higher education institution Southern Business had to prove that it:

• Meets strict quality requirements;
• Registers students for its own accredited higher education programmes;
• Develops, teaches and assesses these programmes;
• Issues certificates for its qualifications in its own name;
• Is accredited to offer its programmes by the Higher Education Quality Committee (HEQC) of the Council on Higher Education;
• Has established a legal presence in South Africa in accordance with the laws regulating South African companies, and;
• Demonstrated that it is financially sustainable and will be able to meet its obligations to its students.

Being registered with the Department of Education is not only a legal requirement, but also ensures that:

• Institutions offer quality education;
• The student is protected against unscrupulous and exploitative operators;
• Students obtain qualifications that are aligned with the National Qualifications Framework (NQF), and;
• The education system meets the goals of transforming South Africa, in accordance with government policy and legislation.