WORKSHOP UNIVERSITY COUNCILS Higher Education Policy and the Legislative Framework 1 August 2014 Prof Chris de Beer

Context Guide: Higher Education Act, 1997, as amended Section 3 Determination of higher education policy Section 70 Application of the Act when in conflict with other laws Section 69 Regulations Section 32 Institutional statutes and institutional rules

Higher Education Policy Section 3: Minister must determine policy on higher education after consulting the CHE Minister must Publish such policy by notice in the Gazette Table such policy in Parliament Minister may determine the scope and range of operations of Public higher education institutions Private higher education institutions Individual public or private higher education institutions

Higher Education Policy Important policy instruments Legislation (various) Regulations Papers (Green and White) Interaction between policy instruments New and revised legislation New regulations

Higher Education Policy Aim of policy developments: 1994 to 2013 Democratising the education system Overcoming unfair discrimination Expanding access to education and training opportunities Improving the quality of education and training and research Integration of education and training

Higher Education Policy Objectives revisited: White Paper for Post School Education and Training: 2014 to 2030 Education and social justice A single, co-ordinated system Expanding access, improving quality and increasing diversity Education and work Responsiveness

Higher Education Policy Revisited objectives articulated for universities Main functions of universities contextualised in accordance with NDP New perspectives on the role and function of universities within an integrated post-school system Affirmation and interpretation of the principles of academic freedom, institutional autonomy and public accountability Purposeful differentiation in order to meet a range of social, economic and educational requirements

Higher Education Policy Expanding student access and success Research and innovation for development Staffing the universities Making university education affordable Development of the humanities and African languages Community engagement and graduate community service Internationalisation Integration with the rest of the post-school system

Legislative Framework Section 70: Constitution of South Africa prevails over any other law Constitutional values and principles Supremacy of the Constitution and the Rule of Law Any law or conduct inconsistent with the Constitution is invalid Cornerstone of democracy: Bill of rights

Legislative Framework Bill of Rights: A selection of rights Equality Human dignity Freedom and security of the person Assembly, demonstration, picket and petition Labour relations Education Access to information Just administrative action Various legislation to give effect to Constitutional principles and values applicable to universities

Legislative Framework Application of the Higher Education Act, 1997, as amended When in conflict with any other law dealing with higher education the Act prevails Examples in the Act where certain provisions of the Act not confined to higher education would prevail over other legal prescripts Statutory interventions (2011/12) to enforce good governance and administration (eligibility to serve on the council, the conduct of members of the council [and staff] and certain other interventions by the Minister)

Legislative Framework Section 69: Minister may make regulations consistent with the Act On any matter which is necessary or expedient to prescribe in order to achieve the objects of the Act Use of regulatory prescripts (Gazette No of 9 June 2014) as an important instrument to ensure the application of cutting-edge and good governance/management principles in higher education institutions Could expect new regulations to give effect to some of the policy directives introduced in the White Paper for Post-school Education and Training

Legislative Framework Section 32: The Council of a higher education institution may make An institutional statute to give effect to any matter not expressly prescribed by the Act Institutional rules to give effect to the institutional statute Institutional statutes must be approved by the Minister and published by notice in the Gazette Minister must make a standard institutional statute which applies to every public higher education institution that has not made an institutional statute Limitations on the authority of council to make institutional rules