Lessons for private colleges that offer non-accredited courses: EMIS v Health Professions Council of SA [2013] ZASCA 87

Abstract

Education is an important tool to help citizens fully exercise their democratic rights and contribute to the development of their country. Since the 1990s, there has been a significant growth in the number of private further education and training institutions (private colleges) in South Africa. Some of these colleges are registered with the Department of Higher Education (DHE) in order to offer certain specified courses. Others are not recognised and operate illegally. The effect of those operating illegally is that they are unknown to the DHE and any qualifications that they offer are worthless. Private colleges that are registered are authorised to offer certain identified courses and can only offer qualifications that they are permitted to teach. Should they decide otherwise and offer additional courses without the approval of the relevant bodies, they are operating illegally. This case note critiques the judgement of the Supreme Court of Appeal of South Africa (SCA) in EMS v Health Professions Council of SA 1 wherein the SCA dismissed the appellant’s appeal against the respondent’s decision to withdraw the appellant’s accreditation.