Higher Education: Policy,
Statutory and Legal
Framework
Derek Swemmer
Venue: Wits University
25 March 2014
Copyright reserved - DK Swemmer 2014
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
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Executive Team
Form follows Function
• Vice-Chancellor and
Principal (CEO)
• Deputy Vice-Chancellors
or Executive Directors:
Academic
Research
Student Affairs
Advancement
Operations
Finance
• Registrar
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Vice-Chancellor & Principal
Provide vision, strategic insight & leadership
Overall responsibility for management,
transformation, development & creation &
maintenance of the plant
Represent & promote the University
externally
Maintain & build strategic regional, national &
international relationships
Strategic planning & implementation
Internal communication
Key role in fund raising
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University
Structure
Council
(Governs)
Institutional
Forum
(Advises Council)
Senate
(responsible
for teaching
and learning)
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Students
Representative
Council
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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.
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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.
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NATIONAL POLICIES
Policy
on
Policies
Green
Paper
White
Paper
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
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Education White Paper 3 of 1997:
A programme for the Transformation of HE
 Institutional Governance
 Council – highest decision-making body
of a public university
 Institutional Forums (representative) –
advise on transformation
 Student Services Council – policy
advisory role on student services
 Institutional culture
From: forms of racism and sexism and
instances of violent behaviour
To: embody values, facilitate behaviour
aimed at peaceful assembly,
reconciliation, respect for difference, and
promotion of the common good
 Independent Assessor
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White Paper: Post-schooling Education
and Training, 2013
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.
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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.
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White Paper: Post-schooling Education and
Training, 2013
UNIVERSITIES
• 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.
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National Development Plan 2030
VALUES
Constitutional values entrenched in
the NDP:
Social solidarity and pro-poor
policies
Non racialism, non sexism (SA
belongs to all who live in it)
The need to redress the ills of the
past
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NDP DRIVERS OF CHANGE
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Further education and
training
 Focus should be on building strong
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institutions to deliver further
education and training programmes
Increase throughput rate and expand
FET college infrastructure
Produce 30,000 artisans a year
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Higher education and training

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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 2030
Provide full funding assistance to deserving and capable
students (loans and bursaries), covering tuition, books,
accommodation and living allowance
Address the decline of the humanities
Ensure that funding supports the missions of different
institutions in a differentiated manner
Grant seven-year work permits to all foreigners who graduate
from a registered South African university
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ACTS
Create the powers and
responsibilities of
entities by law
The Higher Education
Act determines what our
Council and Senate are
and do
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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
and
Statute of each University
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STATUTES
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.
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REGULATIONS
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.
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RULES
 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.
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STANDING ORDERS
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.
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UNIVERSITY POLICIES,
Policies, procedures,
guidelines
PROCEDURES
AND 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.
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Selected Acts
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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
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Selected Acts affecting Universities
•
•
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•
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.
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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 performance is an integral element of the
council’s responsibility
 Code of Ethical Conduct –
avoiding Conflict of Interest
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