Higher Education Policy and the Legislative Framework

The DHET/UCCFSA

University Councils’ Regional Training workshop

11 July 2014

Wallenberg Research Centre

STIAS

Hugh Amoore

DHET/UCCFSA PRESENTATION11 JULY 2014

The policy and regulatory framework for public higher education

six sets of issues:

1 The HE Act;

2 the NQF & the HEQS-F;

3.The White paper

4.. CAS & CACH;

5.. CHE report and the 4 year degree

6. NSFAS

acronyms

CAT CACH CAS CESM

CHE DHET FTE GENFETQA

HEQC HEQS-F HESA HEMIS

MB NIAS NIHSS NQF

NSFAS NICHE PAIA PAJA

POPI PQM QCTO RPL

The HE Act 101 of 1997(1)

• 1. s. Minister may make policy

• 2. Chapter 2 :The CHE and the HEQC

• 3. Chapters 3,4 & 5 : public HEIs & NIs

• 4. Administrators & assessors

• 5. Private HEIs

• 6. Chapter 8 :General

• 6. S 74: transitional provisions

The HE Act (2): internalgovernance part 1

• 1. Each HEI is a legal persona

• 2. Act Defines roles and structure of Council, Senate, IF, structure to advise Council on student affairs

• 3. s.27 provides for Institutional Statutes & Institutional Rules

• 4. VC is CEO

• 5. s.36 allows for disciplinary procedures to be provided by statute or Institutional Rules (NB Durr case)

The HE Act (3): internalgovernance part 2

• 6. 2012 provisions for conflicts of interest, doing business with staff & Council code of conduct

• 7. s.37 provides for admissions policy, number planning, and readmission/exclusion: exclusion is a discretionary act, and due process must be followed

• 8. funding, what Council may and may not delegate, and financial reporting

The HE Act (4): concerns & a way forward

• Minister’s powers ; assessors & administrators

• Disclosure provisions : all employees

• The joint DHET/HESA Task Team on the Act

• S74 provisions

• Withdrawing a degree improperly obtained

The HE Act (5)Chapter 8

• The “seat”: what this means

• Degrees, diplomas & qualifications and the recent UKZN judgment (Potwana vs UKZN, January 2014)

• Honorary degrees

• Qualifications on the NQF: HEQS-F and QCTO’s sub-framework

• Offences

• Delegation of powers by a Council and limitations

The HE Actthe code of Conduct

The Act now requires every Council, after consultation with its Institutional Forum, to “adopt a code of conduct to which all members of Council and all members of committees of the council, and all … who exercise the functions of Council in terms of delegated authority must subscribe”.

(S.27(7E) )

An example of a codep1

The Council governs the University and must ensure effective management. The Council is constituted and mandated by the Statute and the Higher Education Act, 1997 (Act No. 101 of 1997) as amended. Subject to

Senate’s academic authority, the Council has responsibility for the affairs of the University.

The Council also determines the nature and scope of the University’s social responsibilities, protects the institutional autonomy of the University, upholds the academic freedom of its members, and deliberates on

the nature and role of the University.

In performing these tasks, the Council commits itself to

• good governance, which includes transparency, responsiveness, and accountability, and preserving institutional autonomy;

• the vision, mission and stated values of the University;

• governing in such a way as to enable the members of the University to realise their full

• potential as academics, researchers, students, and support staff; and

• acting with the duty of care and skill that is owed to the University.

.

An example: p2

Council members undertake collectively and individually to • act always in the best interests of the University as a whole, and accept that this

obligation precedes any duty a member may owe to the person or institution that elected or appointed him or her to the Council in all Council matters;

• act in good faith, honestly, truthfully and for proper purpose;

• exercise appropriate care and diligence in decision making;

• be diligent in performing Council responsibilities;

• not improperly use their position as Council members to gain an advantage for themselves

• or someone else;

• avoid conflicts of interests and comply with Council’s policy on the disclosure of interests

• and recusal; and

• respect the decisions of the Council.

An example: p.3

All Council members should, to the best of their ability and knowledge

• spend as much time as is required to perform their duties (this will normally mean devoting more time over and above that required for attending Council meetings);

• attend and contribute to Council meetings, and meetings of committees of the Council on which they may serve;

• critically read all agenda documents before each meeting;

• critically review all proposals to the Council;

• maintain the confidentiality of confidential matters;

• act in a financially responsible manner; and

• commit themselves to this code both in dealing with Council business and other council members and also in dealing with the University’s community and persons interested in the University’s work.

The H E Act: S74

What is S 74 of the H E Act a why is it important

Do we need a to replace the MB?

What do we need in place of the Joint Statutes?

What about the prizes & bursaries

The H E Act: S 74

Rationale for a body/process to replace the Matriculation Board

This is about access.

The 2008 minimum requirements regulations (Gazetted by Minister Pandor July 2008) for admission to degree, diploma and higher certificate study at public and private higher education in South Africa limit entry to holders of the National Senior Certificate (NSC) endorsed for B degree, diploma or higher certificate study respectively. 

• At present, the matriculation apparatus (for degree study) and the Technikon regulations (for diploma study), both of which will fall away once the s.74 process is complete, are the provisions that allow alternative access. Without these provisions and without a new dispensation in place of these, these alternative routes for access will be closed.

• Alternative routes for entry into public and private higher education provided by the matriculation regulations that need to be preserved for entry into degree study and extended to diploma and higher certificate study in the future dispensation include the following

Rationale for a body/process to replace the Matriculation Board

(continued)

• Alternative routes for entry into public and private higher education provided by the matriculation regulations that need to be preserved for entry into degree study and extended to diploma and higher certificate study in the future dispensation include the following

• Senate discretionary exemption: paragraph 31 of the MB regulations provides for the issue of certificates of exemption where the Senate finds in a test that an applicant, who otherwise does not have the credentials satisfying minimum admission requirements, is ready for degree study. This facilitates RPL.

• The endorsement of senior certificates where the minimum requirements defined in the MB regulations for holders of the SC are met.

• The admission of applicants with foreign qualifications.

• The admission of applicants to degree study who have completed at least 120 credits at NQF level 5.

Rationale for a body/process to replace the Matriculation Board

(continued)

• The admission of applicants to degree study who have completed at least 120 credits at NQF level 5.

• The admission of candidates with ABET qualifications. (A regulation exists that allows access by holders of the NCV and a similar regulation should be prescribed for holders of the NASCA.)

• The admission of mature age applicants.

• Conditional exemption in a range of cases including the cases of applicants with medical conditions.

• Condonation of admission in special cases

The HE Act (6) Six issues to be on top of

 1.The HE Act and the HEI’s institutional Statute

2.Good governance and sound administration action following principles of administrative law

3.Records: records are critical to effective administration

4.The new reporting regulations (gazetted 9 June 2014)

5.The Admissions Policy of the Institution

6.The HEMIS: student, staff, research output, and space submissions

NQF &HEQS-F (1)

• The central importance of the PQM: each HEI’s “licence to operate”

• NQF Framework and HEQS-F (gazetted Dec 2012 & August 2013)

• What does the HEQS-F mean for HEIs

NQF & HEQS-F (2)

New Qualifications

(a) The PQM process (DHET)

(b) The Accreditation process (HEQC)

(c) Registration on the NQF – and NQF ID for the qualification (SAQA)

The Transcript & the Transcript Supplement: HEQS-F requirements

Joint and Double degrees (DHET Task Team)

NQF & HEQS-F (3)related policy issues

CAT policy

SAQA is due to finalise a policy on Credit Accumulation & Transfer (CAT)

What will this mean?

RPL policy

SAQA has promulgated a policy on the recognition of Prior Learning (RPL )What will this mean?

Articulation Policy

The Minister has published a draft articulation policy (27 June 2014) for public comment.

What will this mean?

The Reporting regulations (Gazetted 9 June 2014)

Key elements:

• The strategic plan

• The annual performance plan (with SMART KPIs)

• The mid year report (due 30 November each year)

• The Annual report, and what it must contain, in particular Council Chair’s report on the extent to which pre-determined objectives have been met

The November 2013 White Paper for Post School Education & Training

Key elements

• A single much expended PSET system: what does this mean for universities?

• TVET Colleges (Technical & Vocational)

• Community Colleges

• Universities: focus on improvement of quality and diversity; purposeful differentiation

• A PSET distance landscape

How and when will it be funded?

The Funding Framework for HEIs

• SAPSE 110

• Ministerial statements on Funding Framework

• The Report of the Ministerial Committee for the review of the Funding of Universities (October 203)

• The relationship between enrolment planning, enrolment targets and input funding and Council’s responsibility for the enrolment plan

The Funding Framework

Key changes proposed

A new set of funding groups (3 instead of four).

A new set of weighting factors

Increased formal time for master’s (1 becomes 1,5) and doctoral (2 becomes 3) study

Gradual move towards outputs as funding basis

Clarity on funding for blended/distance provision

No capping of fees

CAS & CACH

CAS: Central Applications Service

CACH: Central Applications Clearing house

• The NCHE observations (1996/1997)

• The Ministerial Committee (2002)

• CACH 2012/2013/2014: what it sought to achieve and what it achieved

• CAS: a future solution to enrolment management

The 4 year degreeThe CHE discussion document

• The Crisis of throughput (Scott, Yeld & Hendry 2007)

• Defining Throughput rates; Graduation rates; and pass rates;

• The solutions: the schools (the DBE review of the NSC); foundation programmes; the HEIs (a subsidy formula carrot & Stick?); the 4 year integrated curriculum, with a fast track for some

• Some problems with the CHE report

NSFAS

?The future functioning of NSFAS may be the most important short term challenge facing

public HE in 2014/2015