1. Higher Education Policy & Legislative Framework Jane Meyerowitz Based in part on a presentation made by Dr D Swemmer on 25 March 2014, with his permision

2. SA Constitution: Bill of Rights (chapter 2)
Section 29. Education (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.

3. SA Constitution: Bill of Rights
Section 16. Freedom of Expression (1) Everyone has the right to freedom of expression, which includes: (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific research.

4. Higher Education Act No 101 0f 1997 (as amended)
Regulates Higher Education, provides for
the establishment, composition & functions of the CHE;
the establishment, governance & funding of public HEIs;
the appointment & functions of an independent assessor;
the registration of private HEIs
quality assurance & quality promotion in HE
Most recent amendments include
14 Dec 2011: conflict of interest
19 Dec 2012: intervention by the Minister, the powers of an assessor and administrator

5. HE Act chapter 4: Governance of public HEIs
Council
Governs
Institutional statute
Senate
responsible for academic & research functions
Principal
responsible for management & administration
Institutional Forum
advises Council
Students Representative Council
represent students

6. Members of Council Must have relevant knowledge or experience
Must participate in the best interests of the university
Must declare any business activities that may give rise to a conflict of interest
May not place him/herself under obligation that may influence his/her behaviour
May not have an personal or financial interest in any matter to be discussed at a meeting and if so, must inform the chairperson in advance and in writing

7. Functions of Council Governs (not manages) the university
Sets the vision and mission
Appoints Senior Management
Ensures good governance and good management
Accountable for financial resources and university assets
Preserves institutional autonomy
Ensures student access by approving and publishing admission and language policies

8. Senate
Accountable to Council for all teaching, learning, research & academic functions
Determines the curriculum, assessment and standard of proficiency required for any qualification offered
Advises Council on disciplinary measures and rules for students
Makes recommendations regarding academic structure of the university
Oversees the award of scholarships and prizes

9. Vice-Chancellor & Principal
Provides vision, strategic insight & leadership
Overall responsibility for management, transformation, academic enterprise
Represent & promote the university externally
Maintain & build strategic regional, national & international relationships
Strategic planning & implementation
Internal communication
Key role in fundraising

10. Statutes
Each university makes an institutional statute – in its absence the Standard Institutional Statute applies
A statute takes the HE Act as reference point and defines how and what the university does to give expression to the provisions of the Act
A university’s statute includes features unique to each university
Must be approved by the Minister and gazetted
Primary governing document for a university

11. University policies, procedures & guidelines
A policy defines a principle or course of action adopted by Senate and/or Council. It usually has general applicability and
addresses basic values of the University
promotes efficient university-wide operations
ensures compliance with laws or regulations
reduces institutional risk
Procedures are the functional steps used to implement policies or the mode of conducting business
Guidelines are a set of principles and directing steps to adhere to these principles

12. Selected Acts affecting universities
Basic Conditions of Employment Act
Labour Relations Act
Skills Development Act
Employment Equity Act
Consumer Protection Act
Occupational Health & Safety Act
Promotion of Access to Information Act
National Research Foundation Act
SA Qualifications Authority Act
National Qualifications Framework Act
PANSALB Act
……… and many others

13. King III Code of good corporate governance
Ethical leadership and corporate citizenship
Boards and directors
Audit committees, risk and internal audit
Governance of IT
Stakeholder relationships
Integrated reporting and disclosure
Applies to business entities but many sections also applicable to universities and councils
“Apply or explain”

14. National Policies
A Green Paper is a preliminary report of government principles published to stimulate discussion
A White paper is a report giving information on the government’s formal policy position on an issue
Green paper on HE transformation Dec 1996
White Paper 3: A programme for the transformation of HE July 1997
HE Act 101 of 1997
Green paper for post-school education & training Jan 2012
White paper for post-school education & training Nov 2013 ?

15. White paper: post-school education & training
Single, coordinated post-school education & training system
facilitate & improve articulation
cooperation with DBE – bridging & foundation programmes
Expanded access, improved quality and increased diversity of provision
More places for learners; more types of courses & qualifications; more financial support; improved quality
Stronger, more cooperative relationship between education & training institutions and the workplace
Improve amount & quality of workplace training and work-integrated learning; promote entrepreneurship

16. White paper (chapter 4): Universities
Main focus on improving quality and building appropriate diversity
Differentiation
each institution must have a clearly defined mandate
all must offer high quality undergrad programmes; all will engage in some level & type of research
policy & strategy aligned to national development policies (National Development Plan, New Growth Path)
Expanded access & success:
participation from 17,5% -> 25%, mainly TVET
focus on scarce skills: health professions, teachers, engineering & technology

17. National Development Plan 2030
Writing a new story for South Africa
Create jobs & livelihood
Expand infrastructure
Transition to a low-carbon economy
Transform urban & rural spaces
Improve education & training
Provide quality health care
Build a capable state
Fight corruption & enhance accountability
Transform society and unite the nation

18. Improving education, training & innovation NDP 2030 ch 9
Vision
Access to education & training of highest quality -> significantly improved outcomes
Graduate skills & knowledge for present & future needs
Innovation critical – significant expansion in research;
collaboration locally & internationally
Help all to realise full potential
Linkages and articulation between different levels/types; also with workplace

19. Improving education, training & innovation NDP 2030 ch 9
Post-school system: universities
Improve academics’ qualifications: 75% with PhDs (34% in 2010)
Improve T&L: lecturers should be teachers
Increase participation rate by 70% (0,95 -> 1,62 million)
Increase throughput to >75% ( > ) esp STEM
Increase masters & PhD students to >25%
Produce 100 PhDs per million per annum ie pa (1420 pa)
Double science graduates; increase African & women postgrads
Expand infrastructure esp student accommodation

20. Improving education, training & innovation NDP 2030 ch 9
Post-school system: universities
Extra support for under-prepared learners
Expand distance education
Mobility within education system
Full funding for all NSFAS qualifiers
Funding on needs of differentiated system with adequate provision for teaching and research
Funding & research capacity development for young, female & black researchers

21. Legislative & Policy framework
green/ white papers
various
Acts
policies
NDP
HE Act
Statute
Constitution

22. Thank you ….