ETHICS AND CODE OF CONDUCT COUNCILS OF SOUTH AFRICAN UNIVERSITIES

CODE OF CONDUCT DOCUMENTS HIGHER EDUCATION OF 1997 – AMENDMENTS STATUTE OF UNIVERSITY KING REPORT 111

ASSESSOR REPORTS Governance, Leadership and Management Factional councils – fiduciary responsibilities Poor middle management – registrars, chief financial officers, human research officer Weak senate Corruption Poor financial management Soudien Report

KING III - CODE GOVERNANCE “Good governance is essentially about effective leadership. Leaders should rise to the challenge of modern governance. Such leadership is characterised by the ethical values of responsibility, accountability, fairness and transparency and based on moral values that find expression in the concept of Ubuntu”

HIGHER EDUCATION ACT (27-7) A member of a council a)Must have relevant knowledge and experience of governance of public HE institution b)Must participate in the best interests of the institution c)Must declare any business or financial interests that may lead to a conflict of interest d)Must not place themselves under an obligation to a person/organisation that may seek to have influence on council e)May not have a conflict of interest with the university and must advise of any potential interest in or conflict with an item to be discussed at a meeting

HIGHER EDUCATION ACT:27(7A-D) A.Requires anyone to inform the chair if they are aware of a conflict a member of council may have B.A member with a conflict must recuse themselves during discussion and voting C.A committee with delegated authority cannot take a decision if a member is conflicted D.Provides for suspension or disqualification if these requirements are breached

COUNCIL’S CODE OF CONDUCT Having regard to the provisions just mentioned, (27: 7a-d and 7A to 7D) Council after consultation with the Institutional Forum must adopt a Code of Conduct to which all members of Council and its sub-committees must subscribe

COUNCILS RESPONSIBILITIES serve the interests of university, staff, students and public at large highest degree of integrity, ethics, objectivity, equity and fairness enhance the public image of university interpret the community to the university support the vice-chancellor and his senior executives in fulfilment of objectives and policies of university

PURPOSE OF CODE OF CONDUCT to provide a member of council with a set of principles as to what is regarded as appropriate conduct in performing her/his functions of council

BACKGROUND – CODE OF CONDUCT Not intended to inhibit actions of member of council Ensure where there is a conflict between any such actions and the best interests of the university, the interests of the university will take precedence A means of ensuring self-regulation by member of council A means for taking action with regards to inappropriate conduct on the part of a member of council

MANAGEMENT AND ADMINSTRATION Responsible for governance; not operational details in management of university Legal authority to give directions to only one employee of university: Vice-Chancellor Council members should not interfere in relations with other administrators, faculty, staff or students Complaints to council members – refer to VC Complaints of VC – to Chairperson and EXCO

GIFTS AND BENEFITS Unethical to solicit gifts or benefits “tenders” Compromises / influences decisions Nominal value – accept Significant value – send to public affairs

Appropriate Conduct? What is in the best interest of the university If interests of university prejudiced by actions of council member – council must reprimand such a member

ACCEPTANCE OF CODE On commencement of her/his term of office, a member of council must indicate his/her acceptance of this code by completing and signing an acknowledgement of receipt and undertaking (annexure) This is submitted to the Secretary of Council who must keep the annexure on file

ATTENDANCE AT MEETINGS Attend all meetings of council and its committees If unable to attend send apology If Council member fails to attend three consecutive meetings without an apology, the Chairperson will request member to terminate membership

CONDUCT AT COUNCIL MEETINGS Participate in the deliberation of the council in an orderly fashion and in the best interests of the university Motion or amendment – speak once; mover has right of reply Chairperson has deliberate and casting vote Ruling of chairperson on point of order is binding – unless challenged by members – put to the vote Chairperson ensures that all members given an opportunity to participate Matters concluded at previous meetings not to be reopened for debate unless agreed to by Council – and then placed on agenda of next Council meeting

CONFLICT OF INTEREST Act for the benefit of the university and not for personal gain or in the interests of family, friends or organisations to which she/he belongs Must not use information acquired in performing duties as council member for personal advantage or of a third party Submit at the first meeting of council a Conflict of Interest Declaration Form; to be repeated yearly After a member has declared interest in a matter before Council, such member is obliged to recuse her/himself for the duration of discussion of the matter Must refrain from any form of harassment, victimisation, unfair discrimination based on race, gender, ethnicity, sexual orientation, age, marital status, religion, culture

IMPROPER CONDUCT Where a member of Council acts in a manner contrary to the letter and spirit of the code: Chair meets with member and resolves the matter through discussion Matter referred to Code o Conduct Committee of Council – comprising 3 members - recommend to Council: - caution & reprimand - suspension - expulsion If it involves staff or student Council may refer the matter to the Vice-Chancellor to take steps on terms of the staff/student disciplinary committee