Higher Education: Policy, Statutory and Legal Framework Derek Swemmer Venue: Wits University 25 March 2014 Copyright reserved - DK Swemmer 2014

Copyright reserved - DK Swemmer 2014

Higher Education: Policy, Statutory and Legal

Framework

Derek SwemmerVenue: Wits University

25 March 2014

Copyright reserved - DK Swemmer 2014 2

Functions of council

Governs the University

Sets the Mission and Purpose

Appoints Senior Management

Ensures good management

Accountable for financial resources and institutional assets

Preserves institutional autonomy

Ensures student access by approving and publishing Admission and Language policies


Executive Team

Form follows Function

• Vice-Chancellor and Principal (CEO)

• Deputy Vice-Chancellors or Executive Directors:

AcademicResearchStudent AffairsAdvancementOperationsFinance

• Registrar

Vice-Chancellor & PrincipalProvide vision, strategic insight & leadershipOverall responsibility for management,

transformation, development & creation & maintenance of the plant

Represent & promote the University externally

Maintain & build strategic regional, national & international relationships

Strategic planning & implementationInternal communicationKey role in fund raising


University Structure

InstitutionalForum

(Advises Council)

Senate(responsiblefor teaching

and learning)

StudentsRepresentative

Council

Council (Governs)


Constitutional Bill of Rights: Education (Section 29)

1)Everyone has the right –

a)to a basic education, including adult basic education; and

b)to further education, which the state, through reasonable measures, must make progressively available and accessible.


Constitutional Bill of Rights: Education (Section 29)

2) Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account –

a) equity;

b)practicability; and

c) the need to redress the results of past racially discriminatory laws and practices.



A policy is a course or principle of action adopted (or proposed) by government.

A Green Paper is a preliminary report of government proposals published to stimulate discussion.

A White Paper is a government report giving information or proposals on an issue

NATIONAL POLICIES

Green Paper

Green Paper

White Paper

White Paper

Policy onPolicies


Institutional Governance Council – highest decision-making body of a

public university Institutional Forums (representative) – advise

on transformationStudent Services Council – policy advisory role

on student services Institutional culture

From: forms of racism and sexism and instances of violent behaviourTo: embody values, facilitate behaviour aimed at peaceful assembly, reconciliation, respect for difference, and promotion of the common good

Independent Assessor

Education White Paper 3 of 1997:A programme for the Transformation of HE


Main goal: the integration of training and education

TVET to become the cornerstone of the skills development system

DHET to take lead role in skills planning (research and innovation).

Cooperation between DHET and DBE and therefore between PS and BE institutions.

White Paper: Post-schooling Education and Training, 2013



UNIVERSITIES• Responsiveness to national development

needs (curriculum and research).• Staffing transformation. • Concern about insufficient SET enrolments

and graduates.• Greater focus on quality undergraduate

programmes at all institutions.• Some research at all institutions.• Only some institutions are research

intensive.• Differentiation along national priorities and

partnerships.• Scarce skills: teachers, health professions,

engineering and technology.


• Concerns about poor performance (throughput, graduation rates, etc).

• Low numbers of doctoral graduates.• Issues of affordability (capping fees;

free education).• Open and distance learning as a tool

for access.• Expand access: Central Applications

Systems.• No substantial changes to NQF.• No changes to QA.


UNIVERSITIES

13

Social solidarity and pro-poor policiesNon racialism, non sexism (SA belongs to all who live in it)The need to redress the ills of the past

Constitutional values entrenched in the NDP:

National Development Plan 2030 VALUES

14

NDP DRIVERS OF CHANGE

16

Further education and training

Focus should be on building stronginstitutions to deliver further education and training programmes

Increase throughput rate and expand FET college infrastructure

Produce 30,000 artisans a year

17

Higher education and training

Increase higher education participation rate from 17% to 30%Increase university science/maths entrants threefold by 2030 Produce over 100 PhD graduates per million per year by 2030Provide full funding assistance to deserving and capable

students (loans and bursaries), covering tuition, books, accommodation and living allowanceAddress the decline of the humanitiesEnsure that funding supports the missions of different institutions in a differentiated mannerGrant seven-year work permits to all foreigners who graduate from a registered South African university


Create the powers and responsibilities of entities by law

The Higher Education Act determines what our Council and Senate are and do

ACTS

ACTS

There are also several acts that affect our activities directly:

The Universities Act 61 of 1955 as amended

Higher Education Act 101 of 1997 as amended

andStatute of each University



Our Statutes take the Higher Education Act as the reference point and define how and what we do to give expression to the provisions of the Act.

The Statute includes features unique to each university.

STATUTES


Regulations are gazetted. They define orders and authoritative direction.

An enabling Statute gives us flexibility by not needing regulations.

NB Joint Regulations still govern us.

REGULATIONS


These are approved by the Council of the University.

Senate approves academic Rules that Council endorses.

A Rule defines the principle to which action or procedure conforms.

RULES


Standing orders give expression to the enabling rules have been approved.

Senate approves ones that govern academic activity, eg Standing Orders on Assessment.

Council approves others.They govern the way in which

business is conducted.

STANDING ORDERS


Policies, procedures, guidelines

A policy defines a course or principle of action adopted by Council or Senate.

Procedures are the mode of conducting business.

Guidelines are a set of directing principles/steps.

UNIVERSITY POLICIES, PROCEDURES AND GUIDELINES

Selected Acts

Higher Education Act Labour Relations Act Basic Conditions of Employment Act Skills Development Act Employment Equity Act National Research Foundation Act PANSALB Act SAQA Act Auditor-General Act Human Rights Commission Act


• Commission on Gender Equality Act

• National Youth Commission Act

• Public Protector Amendment Act

• Special Investigating Units and Special Tribunals Act …

PLUS over another 100 Acts – 80% promulgated since 1994.

Selected Acts affecting Universities



Council’s Role and Operation

The Council must govern (not manage) in an organized, planned and highly disciplined manner

The Common Law of Meetings applies

Annual evaluation of perform-ance is an integral element of the council’s responsibility

Code of Ethical Conduct – avoiding Conflict of Interest

Documents

Higher Education: Policy, Statutory and Legal Framework Derek Swemmer Venue: Wits University 25 March 2014 Copyright reserved - DK Swemmer 2014