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During the week leading up to the Easter long weekend, education and training practitioners and local media were abuzz as news circulated that 4 colleges of the Educor Group, namely: Damelin, Intec, CityVarsity, and Lyceum had been de-registered by the Department of Higher Education & Training (DHET). College names that will be familiar to many as they have been around a long time, very often physically strategically placed.
The announcement first came from publication by DHET Director-General Dr. Nkosinathi Sishi in Government Gazette (GG) 50311, Vol. 705, No, 4528 dated 22 March 2024
The GG was followed up with a media presentation by Minister Dr. Blade Nzimande, who made it clear that multiple problems had been identified and that the colleges could not be allowed to continue. The Minister indicated that over a period of many years the department had received complaints from students about the quality of teaching - exacerbated no doubt by the alleged failure to pay teachers.
https://www.youtube.com/watch?v=0jhwLOC8Yog
The key issue, however, is financial viability. The colleges have failed to comply with the Higher Education Act 101 of 1997, and with the Regulations for the Registration of Higher Education Institutions (2016). The Minister explained that he had personally been involved in the development of the statute, and had instituted the Regulations. Educor colleges had not submitted annual financial statements, nor tax clearance certificates. They had failed to submit audited financial returns for the 2021 and 2022 financial years.
For Higher Education Act 101 of 1997 https://www.gov.za/document?search_query=&field_gcisdoc_doctype=All&field_gcisdoc_subjects=527&start_date=1997-01-01&end_date=1997-12-31
And for the Regulations
Piecing together the process that preceded the decision to make this announcement, it appears that:
- the colleges had failed to submit an appeal by 26 September 2023, and
- The colleges had submitted a request for an extension under 28 February, 2024 – which they also failed to meet.
- Dr. Sishi signed the DHET notice for publication in the GG on 26 July 2023.
Therefore, by July 2023 Dr. Sishi was ready to de-register the colleges. They had until 26 September to appeal, which they failed to do.
The central question then, is why were the colleges allowed to take on students at the beginning of the 2024 year?
The purpose here is not to challenge the legitimacy of the decision – from the information presented the DHET have grounds upon which to base the decision to de-register. It’s the “how” the department has gone about implementing the decision – and critically the timing.
Questioning the “how”
There are two parts to the questioning of how the de-registration was done – both intertwined.
Context
These colleges would not have attracted students from the highest Living Standards Measures (LSMs), the students will highly likely be from working class families. Imagine going home for the Easter weekend with the news that the college where they are studying will close down, and being uncertain about the future. Why is this relevant?
Predictably, questions abound from all quarters and broadcast and print media stepped in to fill the gaps. The following appear to be some responses:
Q. How will this affect those students who have just registered in 2024, and those students mid-way through their studies?
A. There is an obligation on the colleges to place the students in suitable alternative higher education providers.
Q. Will previous certificates of qualifications gained through these colleges still be valid?
A. South African Qualifications Authority (SAQA) representative Makhapa Makhafola
Indicated on eNCA news channel that the previous certificates will be recorded on the National Learner Records Database (NLRD).
The first point questioning the “how”
Given that one of the reasons quoted for deregistration is complaints about administrative inefficiency, is putting these colleges in charge of redeployment the best course of action? It is ironic that the Regulations include requirements upon the deregistered institution to inform students, when one of the reasons for deregistration is administrative incompetence.
“What we are seeing, instead, are students and staff being left stranded and we wish to urge the affected staff to seek the assistance of the Labor Court and the Commission for Conciliation, Mediation and Arbitration.” Minister Nzimande.
What recourse do the students actually have: if their redeployment does not produce an appropriate standard; or the programme curriculum is not what they originally wished to study; or if they do not receive the refund of their registration fees? The students are highly unlikely to be able to afford legal advice, so approaching the Labour Court would seem to be an unlikely course of action for students. The staff may be able to seek the support of their union, and the Commission for Conciliation Mediation and Arbitration (CCMA) does have jurisdiction on the staff matters – but not the students.
Equally, given the apparently proven administrative inefficiency of the colleges, who will be checking that previous achievements have actually been uploaded on the NLRD? As above, the LSM of the students is highly relevant, as working class families will be less likely to have the resources for following up administrative inefficiency in the event that there is a non-registration of a certificate gained.
The suggestion therefore is: in the interests of students – in the event of a college de-registration and closure, should there not be a requirement for an overseeing ombud - or administrator - to ensure that all students are appropriately redeployed, and that the necessary records of student achievement are correctly recorded and transferred to the new college; and that all previously gained qualifications are recorded on the NLRD.
The second point questioning the “how”
The point expressed above is also related to this second point, which is expressed in the following question:
- Does the implementation of the de-registration of these colleges – the “how” – meet the requirements of the Constitutional right to fair administrative action, given effect to by the Promotion of Administrative Justice Act 3 of 2000(PAJA)?
https://www.gov.za/documents/promotion-administrative-justice-act
PAJA applies equally to the colleges as it does to the students – albeit indirectly affected as a result of the administrative action taken against the colleges.
From the description given by DHET, it would appear that the colleges had the opportunity to object – but failed to do so.
But what of the right that students also have to fair administrative practice?
- Should the students have been prevented from registering in 2024, or at least suitably cautioned against registration – given that by the start of 2024 DHET had good reason to believe that they were probably – not possibly – going to deregister the colleges?
- Having registered, have the subsequent procedures to transfer to alternative colleges met the student’s right to fair administrative action?
- Should the Regulations be revised to provide greater protection for the students in the event of financial and administrative inadequacy on the part of a college or other educational institution, such as: an administrator or overseeing ombud - either before the college is deregistered, or in the process of concluding deregistration and closure?
Finally, the Mail and Guardian Thought Leader Editorial (March 28 to April 4 2024) noted that we live in an unequal society - those of us working in and around education know the significance of education in that inequality.
"Nzimande used the word 'unconscionable' to describe what it would mean for the colleges to remain registered. There is no better term to describe what it would mean for tens of thousands of students to lose any hope of an education. M&G Media Ltd" Reference above - page 28.
DHET have been sent a copy of this article with the invitation to provide a response, which will be posted.
