1. Western Cape Universities Councils Capacity Building Workshop Institutional Statutes and the Role of Council Mahlubi Mabizela Department of HE and Training mabizela.c@dhet.gov.za 11 July 2014

2. 2 Outline  Government Challenges  Government Strategies (The vehicles)  Profile of the System  The Constitution (On education)  The DHET Vision and Mission  Higher Education Policies  Legislation and the Roles and Functions of Councils Statute of the University University Rules  Brief Analysis of Independent Assessor Reports

3. 3  Unemployment;  Poverty; and  Inequality.  Solution/s  Rising levels of employment;  Job-demand-driven economic growth;  Dropping levels of inequality. Broad Government Challenges: Three Scourges

4. 4 Broad Government Strategies (The vehicles)

5. 5 The New Growth Path provides bold, imaginative and effective strategies to create millions of new jobs South Africa needs. It also lays out a dynamic vision for how we can collectively achieve a more developed, democratic, cohesive and equitable economy and society over the medium term, in the context of sustained growth. It combines macroeconomic and microeconomic interventions. Industrial Policy Action Plan : Is informed by the vision set out for South Africa’s development provided in the National Development Plan (NDP) and is both framed by and constitutes a key pillar of the programmatic perspectives set out in a series of ‘drivers’ and ‘packages’ contained in the NGP. National Development Plan: Chapter 9 outlines what education should be like by 2030 National Skills Development Strategy III is the overarching strategic guide for skills development and provides direction to sector skills planning and implementation in the SETAs. It provides a framework for the skills development levy resource utilisation of these institutions as well as the NSF, and sets out the linkages with, and responsibilities of, other education and training stakeholders. It is for ensuring that the energy and resources of education and training stakeholders are focused on ensuring that the challenges of skills shortage and poor economic participation which result in inequalities are addressed.

6. 6 New Growth Path (2010)  The NGP aims to enhance growth, employment creation and equity.  Its approach is massive investment in infrastructure, which is regarded as both employment provider and as a fundamental basis for economic growth and development.  The five other priority areas are: green economy, agriculture, mining, manufacturing and tourism and other high-level services. 6

7. 7 National Development Plan 2030 (2012)  The NDP is a country plan to reduce inequality and eliminate poverty. In addressing itself to these imperatives, it prioritises the following Economy that will create jobs. Improvement of infrastructure. Transition to a low-carbon economy. Inclusive and integrated rural economy. Reversal of spatial effects of apartheid.

8. 8 NDP 2030 (2) Improving quality of education, training and innovation; Quality healthcare for all [National Health Insurance being developed]; Social protection; Building safer communities; Social protection; Reforming the public service; Fighting corruption; and Transforming society and uniting the country.

9. 9 Profile of the System

10. 10 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

11. 11  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  +/- 75 Registered Private HE Providers … Size and Shape

12. 12 1. Traditional Universities offer undergraduate and postgraduate higher education leading towards academic degrees in a variety of subjects. They are expected, encouraged and required to conduct some research.  They are largely characterized by offering theoretically-oriented university degrees. Differences in Missions

13. 13 They offer technological career directed educational programmes, focusing on innovative problem solving research and engages with government/ businesses/ industry with communities as end users. In addition to the basic responsibilities of a university, a university of technology places particular emphasis on the search for innovative applications of technology in all fields of human endeavour. A university of technology is largely characterised by the following: -Career-orientated: educates people for the world of work -Relevant: industry makes input into its diploma and degree programmes -Practical: programmes are practical and hands-on (what you need to know and how you need to apply it) -Work-integrated Learning: experiential learning is part of the qualification and enables graduates to integrate into the workplace with ease -Applied research: research is practical and applied. It seeks solutions to modern day problems Universities of Technology

14. 14 They offer both traditional degrees and career focused programmes, a combination of theoretically-oriented university degrees and university of technology programmes. They are characterized by the following: Diversity – through the offering of a diverse range of academic programmes (vocational, career-focused, professional and general formative) of both university and technikon type. Accessibility – through the opportunities created by a variety of entry and exit points. Student mobility – through developing strong vertical and horizontal articulation pathways. Responsiveness – through the development of a suite of educational programmes and research foci appropriate to local, regional and national needs. Flexibility – through the strengthening of relationships with community, civic, government, business, and industry partners for local and regional development. Flexibility should characterise the institutions’ ability to meet the human resource needs of the local (and wider) context through its training programmes, and to contribute to the development of the communities it serves through the application and extension of its knowledge and expertise Comprehensive Universities

15. 15 The Department of Higher Education and Training Vision and Mission

16. 16 The Constitution (1996)  The RSA is founded on the following values: Human dignity, the achievement of equality and the advancement of human rights and freedoms. Non-racialism and non-sexism. Supremacy of the constitution and the rule of law

17. 17 The Constitution (1996) On Education  Section 29 (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. 2)Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable.

18. 18 Our vision is of a South Africa in which we have a differentiated and fully inclusive post-school system that allows all South Africans to access and succeed in relevant post-school education and training, in order to fulfill the economic and social goals of participation in an inclusive economy and society. 18

19. 19 The mission of the Department of Higher Education and Training is to develop capable, well educated and skilled citizens that are able to compete in a sustainable, diversified and knowledge- intensive international economy, which meets the developmental goals of our country.

20. 20 The department will undertake this mission by reducing the skills bottlenecks, especially in priority and scarce skills areas; improving low participation rates in the post-school system; correcting distortions in the shape, size and (fair) distribution of access to post-school education and training; and improving the quality and efficiency in the system, its sub-systems and its institutions

21. 21 Higher Education Policies and other Important Policies to HE and Training

22. 22 White Paper 3: A Programme for the Transformation of Higher Education (1997)  The transformation of the higher education system to reflect the changes that are taking place in our society and to strengthen the values and practices of our new democracy is, as I have stated on many previous occasions, not negotiable, The higher education system must be transformed to redress past inequalities, to serve a new social order, to meet pressing national needs and to respond to new realities and opportunities (Foreword). 22

23. 23 Key challenge: “to redress past inequalities and to transform the higher education system to serve a new social order, to meet pressing national needs, and to respond to new realities and opportunities”. Objective: develop a learning society to meet the challenges of reconstruction & development. Recommended a single qualifications framework for all HEIs to allow mobility & progression

24. 24 Goals of the education system: – promote equity of access, eradicate unfair discrimination and provide redress for past inequalities; – meet national development needs through quality teaching and research; – support a democratic ethos; – advance of all forms of knowledge and address the demands of the local context; and – Development of a single, coordinated HE system with diverse institutional missions and programmes.

25. 25  The principle of institutional autonomy refers to a high degree of self-regulation and administrative independence with respect to student admissions, curriculum, methods of teaching and assessment, research, establishment of academic regulations and the internal management of resources generated from private and public sources. Such autonomy is a condition of effective self- government. However, there is no moral basis for using the principle of institutional autonomy as a pretext for resisting democratic change or in defence of mismanagement. Institutional autonomy is therefore inextricably linked to the demands of public accountability. (WP: Section 1.24)

26. 26 National Plan for Higher Education (NPHE) 2001  The NPHE states its purpose as to ensure that “the higher education system achieves the transformation objectives set out in the White Paper and is responsive to societal interests and needs”.  The NPHE identifies both the HEQC (the Higher Education Quality Committee) and institutional quality assurance mechanisms as crucial components for the transformation of the higher education system. 26

27. 27 White Paper for Post-School Education and Training  Policies should still be developed in order to tackle current challenges and articulate the role of universities in the integrated post-school system, including how growth, quality improvement, equity and articulation will be addressed.  It observes that discrimination (particularly sexism and racism) continues to be pervasive in the system. 27

28. 28 Other Important HE Policies  Funding Framework for Public Higher Education Institutions.  The Procedures and Processes for the Measurement of Research Outputs of Public Higher Education Institutions.  Higher Education Quality Sub-Framework.  National Qualifications Framework.  Skills Development Act 28

29. 29 Other Important Policies  Auditor-General Act  Basic Conditions of Employment Act  Employment Equity Act  Human Rights Commission Act  Labour Relations Act  National Research Foundation Act  PANSALB Act  SAQA Act  Skills Development Act 29

30. 30 Legislation and the Roles and Functions of Council

31. 31 Chapter 4 deals with governance of public higher education institutions. It 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 1. Higher Education Act 101 of 1997

32. 32 Institutional Forum SenateStudent Representative Council Council Council Sub-Committees

33. 33 The council is the highest decision-making body in an institution and its functions are: I.To govern the institution II.To determine the language policy in agreement with the senate III.To provide a suitable structure to advise on policy for student support services after consultation with the SRC The Council

34. 34 I.It must consist of not more than 30 members and 60% must be from external II.It must have people with knowledge and experience relevant to the needs of the institution III.It must have people who will participate in the deliberations of the council in the best interest of the institution IV.Members must declare any business interest that may raise conflict of interest before they assume office Composition of the council

35. 35 Functions of council  Governs the University;  Sets the Mission and Purpose;  Appoints Senior Management;  Ensures good management;  Accountable for financial resources and institutional assets;  Safeguards institutional autonomy; and  Ensures student access by approving and publishing Admissions and Language policies

36. 36 -s.32, the council ‘may make institutional statute to give effect to the HE Act’ and make institutional rules to give effect to the statute; -s.33, institutional statute must be approved by the Minister; -s.34, the council appoints employees Functions of Council

37. 37 I.Ineffective leadership by chairs/deputy chairs of councils II.Capacity in which members function III.Inexperience of council members IV.Unacceptable conduct by council members V.Meeting procedures Council Failures according to Analysis of Independent Assessor Reports

38. 38 Solutions -Reduction in size of councils -Mandatory council inductions -Mandatory council planning sessions -Regular VC reports at all council meetings on set of institutional indicators -(attendance of all council and sub- committees meetings) Inexperience of council members

39. 39 Findings -Interference with procurement, admissions, staff appointment -Undoing VC decisions -Organising vendettas against VC or executive management -Non declaration of interests -Promoting factionalism on council -Seeking control of institutions Unacceptable conduct by council members

40. 40 Solutions -Application of council rules, approved meeting procedures, code of conduct, performance assessment of council -Inclusion of above in induction package -Register of interests, declaration at every meeting -Council Code of Conduct/Ethics Committee Unacceptable conduct by council members

41. 41 -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 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 General Considerations

42. 42 -Council must allow itself to be advised by the IF and the SRC, where it is necessary to do so; END General Considerations