zimbabwe council for higher education

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ZIMBABWE COUNCIL FOR
HIGHER EDUCATION
The Legal Framework for Quality
Assurance in Higher Education in
Zimbabwe
L. C. K. Gwati
Director, Academic and
Institutional Audits
1. Introduction
Purpose of the paper
• To discuss the legal basis for quality
assurance in higher education in
Zimbabwe.
Introduction (Cont)
•
Introduction and development of
higher education in Zimbabwe
• Legal framework governing higher
education in Zimbabwe
• Legal framework for quality assurance
in Zimbabwe.
1.1 Higher Education
. Higher education can loosely be
defined as education provided by
post secondary education
institutions. The Zimbabwe Council
for Higher Education Act defines
higher education as education
provided by institutions of higher
education.
ZIMCHE Act definition of H E I
An Institution of higher education, according to
the Act, means:
a) a a technical or polytechnic college
offering degrees; or
b) a public or private university or university
college and its associate or affiliate
institutions; or
c) an arm of a foreign institution of higher
education that awards degrees.
1.2 Legal Framework
Legal framework is the legal basis which
gives birth to an entity or organisation and
defines parameters for its operations, that
is, to do what it is meant to do. This means
that the organisation is established through
an Act of Parliament. When an organisation
is established by an Act of Parliament it
becomes a creature of Statutes. The Act
provides for what the organisation is and
what it can do.
1.3 Quality assurance
…is the process of verifying or
determining whether products or
services meet or exceed customer
expectations. Quality assurance is a
process-driven approach with
specific steps to help define and
attain goals.
Quality assurance (Cont)
The QA process considers design,
development, production, and service.
In higher education we can define
quality assurance as the control of
standards of content, delivery and
validation.
Quality assurance (Cont)
Quality assurance trends from the
UNESCO Regional Consultants on
Higher Education as reported by
Professor Donald Ekong, denote quality
assurance as:
Quality assurance (Cont)
“All the policies, systems and processes
directed to ensuring the maintenance and
enhancement of the quality of educational
provisions within an institution. A quality
assurance system is the means by which an
institution confirms to itself and to others
that conditions are in place for students to
achieve the standards that the institution
has set.”
Quality assurance (Cont)
Quality assurance is therefore an
ongoing process of evaluating the
quality of a higher education system,
institutions or programmes.
2. Legal Instruments governing
Higher Education in Zimbabwe
Manpower Planning and Development
Act, Chapter 25:02 (1996)
• Individual State University Acts like
Midlands State University Act, Chapter
25:19 (2001)
• Individual Private University Charters
• Zimbabwe Council for Higher
Education Act, Chapter 25:27 (2006)
•
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
The Manpower Planning and Development
Act, Chapter 28:02, as amended in 1996 is
an Act to:
• provide for the establishment,
maintenance and operation of technical
or vocational institutions, universities,
teachers colleges and vocational
training schemes; and
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
• provide for and promote the
research, planning and development
of human resources;
• provide for the establishment and
functions of a National Manpower
Advisory Council;
• provide for the training of
apprentices and the certification of
skilled workers;
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
• provide for the continued existence of
the Zimbabwe Manpower Development
Fund and for the imposition of levies to
finance manpower development and for
other purposes; and
• provide for matters connected with or
incidental to the foregoing.
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
Section 6 of the Act authorises the
Government through the responsible
Minister to establish, equip and maintain
higher education institutions.
Section 8 makes it illegal for one to conduct,
maintain or manage a non government
institution which is not registered; and
Section 9 provides for the registration of non
Government institutions.
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
Individual University Acts of Public
Universities in Zimbabwe provide for the
establishment of individual state universities
and their governance.
Process of establishing a public university
starts with the relevant Minister formulating
the proposal followed by a Bill that will be
steered through Parliament.
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
Private university: An application is
submitted to the Zimbabwe Council for
Higher Education together with a draft
charter of the University.
The charter is the legal document that
spells out the name and objects of the
University, its establishment, functions and
governance.
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
In considering the application, the Council
makes an investigation and/or inspection of the
proposed institution it deems fit before making
its recommendation to the President through
the Minister.
If it is found that the establishment of the
concerned institution will further the
development of higher education in Zimbabwe
the President will grant a charter by
proclamation in a Statutory Instrument.
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
Each University Act or Charter
provides for a Senate which is the
academic authority of the University
as well as other structures some of
which are concerned with quality
assurance matters.
Legal Acts governing Higher
Education in Zimbabwe (Cont.)
The Zimbabwe Council for Higher Education Act,
Chapter 25:27, of 2006:
• repealed and replaced the National Council for
Higher Education Act, Chapter 25:08 of 1990
• provides for a Council whose mandate is to
promote and co-ordinate education provided by
institutions of higher education and to act as a
regulator in the determination and maintenance
of standards of teaching, examinations, academic
qualifications and research institutions of higher
education.
3. WHY ESTABLISHING ZIMCHE
Formal higher education first introduced to
Zimbabwe, then Southern Rhodesia, with the
establishment of the University College of Rhodesia
and Nyasaland (RHONYA) under the auspices of the
then Federation of the three territories of Southern
Rhodesia, Northern Rhodesia (now Zambia) and
Nyasaland (now Malawi). The University College,
which had a Special Relationship with the University
of London, welcomed its first intake of 58 students
in 1957 though it had been granted royal charter in
1955.
WHY ESTABLISHING ZIMCHE(Cont.)
After the breakup of the Federation in 1963 and
Ian Smith’s Unilateral Declaration of
Independence (UDI) in November 1965, the
College became the University College of
Rhodesia (UCR) in 1965 and later in 1970 the
University of Rhodesia (UR). The special
relationship with the University of London
ended and the University became autonomous.
This meant that London was no longer the
guardian of standards.
WHY ESTABLISHING ZIMCHE(Cont.)
When Rhodesia became independent
Zimbabwe after the liberation war in 1980 the
University changed its name to the University of
Zimbabwe (UZ).
It should be noted that during the time of the
relationship with the University of London, the
Medical School was also established with a
Special Relationship with the University of
Birmingham.
WHY ESTABLISHING ZIMCHE(Cont.)
Both relationships were intended to
guarantee the currency of degrees
offered by the institution and to
ensure that the standards and quality
of its qualifications were acceptable
throughout the world.
WHY ESTABLISHING ZIMCHE(Cont.)
With the experience gained from the Special
Relationships period, the University was able to
carry on producing graduates and postgraduates
of very high standard. The phenomenal
expansion of educational provision embarked
upon by the new government from 1980
eventually led to massive expansion at the
university which was done by way of increasing
enrolments and introduction of new faculties,
departments and programmes required to meet
the socio-economic needs of the new nation.
WHY ESTABLISHING ZIMCHE(Cont.)
• 1987 the Government of Zimbabwe
appointed a Commission of Inquiry into
the establishment of a second university
in the country chaired by Professor
Williams.
• Result: Establishment in 1991 of a second
university, the National University of
Science and Technology (NUST), in
Bulawayo.
WHY ESTABLISHING ZIMCHE(Cont.)
• Approach to Government by some private
players involved in the provision of
education, which included church
organisations, for permission to establish
their own higher education institutions.
• Result: Establishment of National Council
for Higher Education (NCHE) by Act of
Parliament.
WHY ESTABLISHING ZIMCHE(Cont.)
Main mandate of NCHE: To receive
and consider applications from wouldbe higher education private providers
and make recommendations to the
Minister for possible approval of
Private University Charters.
WHY ESTABLISHING ZIMCHE(Cont.)
Period 1999 – 2004:
• Phenomenal establishment of higher education
institutions, five more State universities and three
private.
• Issues of quality assurance brought to the fore.
• The need to establish a new Council in Zimbabwe
became apparent, which would advise the
Minister on all relevant issues related to quality
control, the monitoring and evaluation of the
performance of higher education providers,
standardization of higher education qualifications
and accreditation of new higher education
provisions.
WHY ESTABLISHING ZIMCHE(Cont.)
• During 2003 to 2005 study tours carried out
to Kenya, Tanzania, China and South Africa
to look at models of quality assurance in
higher education in those countries.
• April 2004 a symposium on quality assurance
in university education in Zimbabwe was held
at Nyanga where higher education experts
from Zimbabwe and the region presented
papers.
WHY ESTABLISHING ZIMCHE(Cont.)
Resolution: To have the then National
Council for Higher Education revamped in
order to have a body that would guarantee
and sustain quality in university education in
Zimbabwe.
Promulgation of the Zimbabwe Council for
Higher Education Act, Chapter 25:27, of
2006 which repealed and replaced the
National Council for Higher Education Act.
4. THE ZIMBABWE COUNCIL FOR
HIGHER EDUCATION (ZIMCHE)
• Established to register and accredit all higher
education institutions in Zimbabwe
• ZIMCHE mandate: To promote and co-ordinate
education provided by institutions of higher
education and to act as a regulator in the
determination and maintenance of standards
of teaching, examinations, academic
qualifications and research institutions of
higher education.
THE ZIMBABWE COUNCIL FOR HIGHER
EDUCATION (ZIMCHE) (Cont.)
Part V of the Act provides for Institutional
Standards and Accreditation.
Specifically section 18 provides for the
publication of institutional quality
assurance standards and evaluation of
institutions. Quoting from the relevant
section it says:
THE ZIMBABWE COUNCIL FOR HIGHER
EDUCATION (ZIMCHE) (Cont.)
18 (1) The Minister may, on
recommendation of the Council,
prescribe the institutional quality
assurance standards that will govern
the performance, operations and
general conduct of all institutions of
higher education.
THE ZIMBABWE COUNCIL FOR
HIGHER EDUCATION (ZIMCHE) (Cont.)
(2) The Council shall evaluate the
performance of institutions regularly
in the light of the institutional quality
assurance standards prescribed in
terms of subsection (1) and accredit
institutions.
THE ZIMBABWE COUNCIL FOR HIGHER
EDUCATION (ZIMCHE) (Cont.)
(3) After the evaluation in terms of
subsection (2), the Council shall issue
or refuse to issue an accreditation
certificate to the institution.
(4) The Council shall publish the
results of the accreditation process
carried out in terms of subsection (2).
THE ZIMBABWE COUNCIL FOR HIGHER
EDUCATION (ZIMCHE) (Cont.)
(5) After the completion of the
evaluation process, the Council shall
indicate in writing the specific steps to
be taken by the institution concerned
towards the attainment of the
standards referred to in subsection(1).
THE ZIMBABWE COUNCIL FOR HIGHER
EDUCATION (ZIMCHE) (Cont.)
Section 19 provides for the basis of
accreditation.
In subsection (2) it goes to spell out
the aspects that may be taken into
account for the accreditation of each
programme offered by an institution
of higher education.
THE ZIMBABWE COUNCIL FOR
HIGHER EDUCATION (ZIMCHE) (Cont.)
Section 20 provides for the effect of
accreditation. What that means is that
qualifications awarded in respect of
programmes of instruction offered by an
accredited institution of higher education shall
be recognised as comparable and of equivalent
merit to similar qualification awarded in
respect of programmes offered by all the other
accredited institutions in Zimbabwe.
THE ZIMBABWE COUNCIL FOR HIGHER
EDUCATION (ZIMCHE) (Cont.)
Section 21 compels every higher
education institution to prepare and
submit to the Council an annual
report of its activities and a detailed
assessment of steps taken to achieve
the aims and objectives for which it
was established.
6. IMPLICATIONS OF THE LEGAL FRAMEWORK OF
QUALITY ASSURANCE IN HIGHER EDUCATION
• Effective national management and
regulation of the higher education system
• Rational allocation of national resources in
the higher education sector
IMPLICATIONS OF THE LEGAL FRAMEWORK OF
QUALITY ASSURANCE IN HIGHER EDUCATION (Cont.)
• Allows for quick detection of weakness and
problems and therefore creates
opportunities for prompt corrective
measures
• Provision of legal recourse in the event of a
higher education failing to uphold the
dictates of the higher education quality
assurance system
7. Conclusion
The establishment of the Zimbabwe Council for
Higher Education with its enhanced role is a
timely development. In order to successfully
guarantee and sustain quality assurance in higher
education full understanding and appreciation of
the instruments governing quality assurance is
necessary. All higher education stakeholders,
higher education institutions included, are called
upon to take an active interest in the operations
and activities of ZIMCHE.
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