1. UKZN INSPIRING GREATNESS Ethics & Good Governance Jane Meyerowitz Presentation at the Council Ministerial Appointees Workshop 26 March 2014

2. Ethics & Good Governance Governance & Ethics –HE Act, King III Conflicts of interest –Business/financial, commitment, stakeholder Code of conduct Self assessment Questions and discussion

3. Higher Education Act, Section 27(7) A member of a council a)Must have relevant knowledge and experience 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

4. Higher Education Act, Section 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

5. KING III Responsible leadership: … characterised by ethical values of responsibility, accountability, fairness and transparency … do business ethically rather than merely being satisfied with legal or regulatory compliance … Moral duties: Conscience - intellectual honesty and independence of mind Competence - knowledge and skills, continually developed Commitment – diligence, devote sufficient time

6. Conflicts of Interest A conflict of interest exists when direct or indirect personal interests interfere in any way with or are not consistent with the best interests of the university. Financial/business – stake in a company that does or potentially may do business with the university Personal – securing employment for family/friends Involvement in other enterprise with conflicting goals Conflicts of commitment – detract from ability to apply requisite attention and professional focus to council duties.

7. Conflicts of Interest: KING III Personal interests (of self or close associates) should not take precedence over the interests of the university. Certain conflicts are fundamental and should be avoided. Others (real or perceived) should be disclosed … and appropriately managed. Any council member who is appointed as the representative of a group with a substantial interest in the university should recognise the potential for conflict. However the duty to act in the best interest of the university remains paramount. (King III paraphrased)

8. Code of Conduct Higher Education Act Section 27 (7E): The council must a)adopt a code of conduct to which all the members of the council must subscribe; and b)determine rules and procedures for an annual declaration of financial interests of members and their immediate family

9. UKZN Code of Conduct Sets out expectations and obligations of council members; conflict of interest definitions, disclosure and associated procedures to ensure no real or perceived advantage accorded to council members; procedure for dealing with alleged breaches and associated sanctions. Accepted by members when join, declarations reaffirmed annually.

10. Expectations and Obligations Serve best interests of university, act independently and in good faith Maintain confidentiality, respect council decisions Act so as to maintain trust and not to bring the university into disrepute Attend and participate Respect meeting as the proper forum for consideration of council matters Respect other members views and right of free expression Exercise due care and diligence

11. Self Assessment Enables reflection on performance, critical feedback and identification of areas of improvement Questionnaire –Overall assessment of council’s performance –Assessment of the Chair –Individual performance self-assessment –Peer review of members’ performance/conduct –Management of meetings –Open-ended comments/recommendations Can be augmented by in-depth interviews by Chair Results discussed at Council, actions identified

12. Ethics & Good Governance “There is no substitute for doing the right thing.” “Relativity applies to physics, not to ethics.” Thomas Jefferson Questions?