INSTITUTIONAL STATUTES ROLES AND RESPONSIBILITIES OF COUNCILS

M Mabizela - mabizela.c@dhet.gov.za

University Council Capacity Building Workshop

University of Free State (UFS)

01 August 2014

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Profile of the System

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• There are 26 universities, comprising

11 Traditional Universities: University of Cape Town; University of Fort Hare; University of the Free State; University of KwaZulu Natal; University of Limpopo; North west University; University of Pretoria; Rhodes University; Stellenbosch university; University of Western Cape and University of Witwatersrand

9 Comprehensive Universities: University of

Johannesburg; Nelson Mandela Metropolitan

University; University of South Africa; University

of Venda; Walter Sisulu University; University of

Zululand; Sol Plaatje University; University of

Mpumalanga and Sefako Makgatho Health and

Allied Sciences University

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6 Universities of Technology: Central University of Technology; Cape Peninsula University of Technology; Durban University of Technology; Mangosuthu University of Technology; Tshwane

University of Technology and Vaal University of Technology

50 Technical Vocational Education and Training Colleges

23 Sector Education and Training Authorities

+/- 115 Registered Private HE Providers

… Size and Shape

Size and Shape

• Growth in headcount enrolments from 603 000 in 2001 to 953 375 in 2012 (absolute increase of 58% - ODL growth significant)

• Varying strength and quality (largely characterised by historical legacy/ competition/ mission drift and tendency towards homegeneity)

CHALLENGES… The Post School System in 2012

Higher Education +/-1 046 375

TVET/CET + 1 035 324

953375 (public)

93 000 (private)

657 690 public TVET

Colleges)

+/- 80 000 (private

FET Colleges)

Other Colleges ?

15 to 24 year-olds not in education, employment or training (NEET youth) +/- 3 200 000

Public AETC 297 634

Skills development programmes (?)

White Paper

(2012) – by 2030

1.6 m in HE and

2.5m in VCET+CE

System performance: student throughput 2005 Cohort Study (ex UNISA)

Qualification level

Entrants Year 1 Year 3 Year 5 Total

3 y diploma 37 330 Graduate - 16% 19% 35%

Drop out 33% 18% 5% 56%

UG degrees (3 and 4 year)

32 178 Graduate - 27% 21% 48%

Drop out 30% 12% 4% 46%

Masters 15 479 Graduate 6% 25% 12% 33%

Drop out 28% 15% 13% 57%

Doctorates 2 140 Graduate 1% 14% 20% 35%

Drop out 22% 15% 4% 41%

At all levels first year is critical; if UNISA included figures distorted;

World bank: SA a ‘low participation high drop-out’ system ;Source: CHET Cohort Study

Academic year

Percentage (Non-accumulative)

2005 2006 2007 2008 2009 *2010 By end of

4 yrs

By end of

5 yrs

By end

of 6 yrs

AFRICAN

Registered at beginning of year 100.0% 62.1% 53.2% 47.5% 23.7% 10.0%

Graduated at end of year 21.1% 11.5% 4.8% 21.1% 32.6% 37.5%

Dropped out at end of year 37.9% 8.8% 5.7% 2.7% 2.2% 5.2% 55.2% 57.3% 62.5%

COLOURED

Registered at beginning of year 100.0% 78.6% 67.1% 58.8% 23.5% 10.3%

Graduated at end of year 30.5% 11.7% 5.0% 30.5% 42.1% 47.2%

Dropped out at end of year 21.4% 11.5% 8.3% 4.8% 1.5% 5.3% 46.0% 47.6% 52.8%

INDIAN

Registered at beginning year 100.0% 70.7% 59.4% 54.1% 23.6% 8.8%

Graduated at end of year 28.6% 14.0% 4.8% 28.6% 42.6% 47.4%

Dropped out at end of year 29.3% 11.3% 5.3% 1.9% 0.8% 4.0% 47.8% 48.6% 52.6%

WHITE

Registered at beginning of year 100.0% 82.5% 73.7% 69.2% 20.1% 7.5%

Graduated at end of year 47.1% 11.9% 4.5% 47.1% 59.0% 63.6%

Dropped out at end of year 17.5% 8.8% 4.5% 1.9% 0.7% 3.0% 32.7% 33.4% 36.4%

TOTAL

Registered at beginning of year 100.0% 71.5% 62.3% 56.9% 22.4% 9.0%

Graduated at end of year 32.0% 11.9% 4.7% 32.0% 43.9% 48.6%

Dropped out at end of year 28.5% 9.3% 5.4% 2.5% 1.5% 4.3% 45.6% 47.1% 51.4%

Note 1: *Dropouts in 2010 also include a number of students that would have returned to continue studying in 2011

Throughput in Professional 4 Year Degrees (excluding UNISA) 2005 FTEN

Participation in Higher Education (2012)

Race Gender GER

African /Black male 13.1

female 19.1

total 16.0

Coloured male 11.1

female 17.4

total 14.2

Indian male 38.2

female 56.8

total 47.4

White male 48.8

female 60.8

total 54.7

Participation in Higher Education (2012)

Gender GER

Male 15.9

Female 22.6

Total 19.2

Institutional Statute

“institutional statute” means any statute made by the

council of a public higher education institution under

Section 32;

The council may make:

– an institutional statute, subject to section 33, to give

effect to any matter not expressly prescribed by the

Act

– institutional rules to give effect to the institutional

statute

Any institutional statute must be submitted to the

Minister for approval, and publication by notice in the

Government Gazette

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Institutional Statute

The Ministry is responsible for ensuring that Statutes

comply with the policy and legislative framework.

Further to the Act, the institutional statute expands on

the roles and functions of council; specifies the

additional members and their manner of election as

provided for in the Act; and determines the meeting

procedures to be followed by council.

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The HE Act provides for the establishment of the

following governance structures:

(a) a council

(b) a senate

(c) a principal

(d) a vice-principal

(e) a student representative council

(f) an institutional forum

(g) such other structures and offices as may be

determined by the institutional statute

Governance of public HE institutions

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The council is the highest decision-making body

in an institution and its functions are:

To govern the institution.

To determine the language policy in agreement with

the senate.

To provide a suitable structure to advise on policy for

student support services after consultation with the

SRC

council must always act in the best interests of the institution it serves.

The Council

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Harper et al., 2002

COUNCIL

Institutional Forums

Executive Management

Senate

SRC Faculty

Departments

Staff Org.

Students services council

Governance and Leadership

Composition of Council • The council, as contemplated in section 27 of the Act,

consists of:

• Internal members:

– the principal

– vice-principals

– members of the senate

– academic employees

– non-academic employees

– students, elected by the SRC

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Composition of Council • External members:

– five persons appointed by the Minister

– such additional persons as may be determined by

the institutional statute

• representatives of different constituencies; such as the

convocation, donors, provincial or municipal

government

• members with a broad spectrum of competencies in the

fields of education, business, finance, law, marketing,

information technology and human-resource

management

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• Council is not a constituency-based body

• Each member of Council is a member of Council and not a representative of the appointing or electing body.

• A member of Council does not come into Council with a mandate from the appointing or electing body and does not serve sectional interests.

• A member of Council has a fiduciary responsibility towards the University and must act in the best interest of the University.

• All members of Council are equals in the Council Chamber.

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Composition of the council

Council of HE institution • Due to its composition, Council is not in a position to manage

the day-to-day affairs of such an institution.

• Council’s role is one of ‘governing’ rather than ‘managing’ the institution and this is a vital distinction.

• Its main function is to provide general policies as how such management should be conducted.

• At times councils fall into the trap of micromanaging institutions but this confusion of roles can be avoided if a clear focus is kept on the wider policy-setting role of council.

• The day-to-day management is entrusted to the VC and and his/her executive management team.

• The VC is always accountable to Council for his/her decisions and conduct regarding the day-to-day management of such institution.

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Responsibility of Council

• Council has responsibility for – Policy decisions

– Preserving the integrity and good name of the University;

– ensure it sustains the confidence of the public and of the State

– Clarifying the mission and strategic objectives of the University;

– Preserving the autonomy, and academic of the University;

– Promoting the advancement of the University;

– Promoting and encouraging academic excellence within the University in order to ensure world class performance;

– Promoting the upliftment of previously disadvantaged persons and groups;

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Responsibility of Council

– Appointing suitably qualified and experienced

persons to occupy senior management positions;

– Supporting and assessing the performance of

senior management;

– Ensuring that adequate physical development takes

place; that adequate financial resources exist and

that the University's physical and financial

resources are cost-effectively utilised; and

– Conveying the educational needs of society to the

University's management;

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Functions of Council

• The fundamental role of council is to govern the higher

education institution.

• Within that general role, there are a number of specific

functions that a council must perform and others that it

may perform.

• While the council may delegate to others (structures or

individuals) the authority to perform functions, it is

ultimately responsible for their performance.

• These functions are set out in the Higher Education Act

of 1997 and in the Standard Institutional Statute or the

individual statutes of institutions.

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Functions of Council • Define the overall strategic direction for the institution

• makes and amends the institutional Statute

• makes rules for the institution

• establishes the council committees

• appoints the senior management

• appoints all employees of the institution

• determines conditions of service, the disciplinary provisions and the privileges and functions of its employees, and may, in the manner set out in the disciplinary rules, suspend or dismiss any employee of the institution;

• determines tuition fees, accommodation fees and any other fees

• approves the annual budget of the institution

• conclude a loan or overdraft agreement

• determines and provides student support services after consultation with the SRC

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Functions of Council

• After consultation with the senate

– appoints academic employees

– determines the student admissions policy of the institution

– determines the language policy of the institution

– determines the required academic structures and their

functions, in order to ensure efficient governance

• determines, with the approval of the senate

– determines the number of students who may be admitted

– determines the manner of their selection

– determines the minimum requirements for readmission to

study at the institution

– Refuse readmission to a student who fails to satisfy the

minimum requirements for readmission

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Council meetings

To be effective, council meetings should serve a number of purposes of which the following are identified as being the most important: • Information consists of supplying council with information on the institutional

environment and actions taken or not taken with regard to specific university business.

• Notification relates to the institution’s executive management’s noting specific action taken by council committees and other structures in the execution of their delegated work.

• Approval is needed from council in relation to specific items that are beyond the designated authority of committees of council and executive management.

• Control is the follow-up on cost and capital budgets, as well as on specific objectives where report-back was required by council.

• Compliance is another fiduciary responsibility in the execution of which council ensures that all policies, processes and decisions are in accordance with legislation and the institution’s own regulations, that financial management is sound, and that the institution is effectively run.

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- Always endeavour to appoint/obtain council members with the necessary and requisite skills to council;

- Always seek cohesion within council and, where possible, arrive at decisions by consensus (rather than by vote);

- Council should assess its performance; - For the council to perform maximally, capacitate and

strengthen the office of the Registrar; - Loyalty must always be to council and the state

rather than to stakeholders; - Council must allow itself to be advised by the IF and

the SRC, where it is necessary to do so;

General Considerations

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THE END