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 PRESENTATION
11 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): internal
governance 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): internal
governance 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 subframework
• Offences
• Delegation of powers by a Council and limitations
The HE Act
the 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 code
p1
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 degree
The 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