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Draft Regulations on Assistance to TRC Victims Drawn Up

May 29, 2019

Department of Justice and Constitutional Development

29 May 2019

Draft regulations that seek to provide study support to victims identified by the Truth and Reconciliation Commission have been published for comment.

Comment on the Draft Regulations Relating to Assistance to Victims in respect of Higher Education and Training is invited until 12 July 2019.

The regulations flow from the Promotion of National Unity and Reconciliation Act.

In terms of study support, the proposals include a definition of study support and a new regulation 8D that regulates all the aspects relating to study support.

The plan is for the study support provisions to come into force for the 2020 academic year.

According to the justice and constitutional development department, the purpose of the study support proposals is to “enhance the possibility of beneficiaries successfully completing the qualification for which they have registered”.

Changes to Regulation 2(2) are also proposed to ensure that assistance for victims or their relatives or dependents can only be provided in respect of higher education and training offered at a public higher education and training institution and not private tertiary institutions.

However, Draft Regulation 21 stipulates that students already in the system and who are still studying at private tertiary institutions on the pre-revised dispensation will be allowed to continue their studies at private institutions.

Draft Regulations 4, 5, 6, 7 and 8 aim to amend a number of regulations in order to simplify the administration and payment processes in respect of the allowances available to beneficiaries.

Other draft amendments include Draft Regulation 15 which provides that any payments to be made in terms of the regulations must be done by the fund administrator (the department), Draft Regulations 12, 13, 14, 16 and 17 that introduce changes to payment procedures, Draft Regulations 18 and 19 that outline the process regarding representations by applicants aggrieved by a decision of the fund administrator and Draft Regulation 20 that seeks to extend the period of application of the regulations from five years to six years so that assistance in terms of the 2020 academic year can be provided and a review of the regulations can be completed.