1. Higher Education: Policy, Statutory and Legal Framework Derek Swemmer Venue: Wits University 25 March 2014 Copyright reserved - DK Swemmer 2014

2. Functions of council  Governs the University  Sets the Mission and Purpose  Appoints Senior Management  Ensures good management  Accountable for financial resources and institutional assets  Preserves institutional autonomy  Ensures student access by approving and publishing Admission and Language policies Copyright reserved - DK Swemmer 20142

3. Executive Team Form follows Function Vice-Chancellor and Principal (CEO) Deputy Vice-Chancellors or Executive Directors: Academic Research Student Affairs Advancement Operations Finance Registrar Copyright reserved - DK Swemmer 20143

4. Vice-Chancellor & Principal  Provide vision, strategic insight & leadership  Overall responsibility for management, transformation, development & creation & maintenance of the plant  Represent & promote the University externally  Maintain & build strategic regional, national & international relationships  Strategic planning & implementation  Internal communication  Key role in fund raising Copyright reserved - DK Swemmer 20144

5. University Structure Institutional Forum (Advises Council) Senate (responsible for teaching and learning) Students Representative Council (Governs) Copyright reserved - DK Swemmer 20145

6. Constitutional Bill of Rights: 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. Copyright reserved - DK Swemmer 20146

7. Constitutional Bill of Rights: Education (Section 29) 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. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account – a)equity; b)practicability; and c)the need to redress the results of past racially discriminatory laws and practices. Copyright reserved - DK Swemmer 20147

8. uA policy is a course or principle of action adopted (or proposed) by government. uA Green Paper is a preliminary report of government proposals published to stimulate discussion. uA White Paper is a government report giving information or proposals on an issue NATIONAL POLICIES Green Paper White Paper Policy on Policies Copyright reserved - DK Swemmer 20148

9. uInstitutional Governance uCouncil – highest decision-making body of a public university  Institutional Forums (representative) – advise on transformation  Student Services Council – policy advisory role on student services  Institutional culture From: forms of racism and sexism and instances of violent behaviour To: embody values, facilitate behaviour aimed at peaceful assembly, reconciliation, respect for difference, and promotion of the common good  Independent Assessor Education White Paper 3 of 1997: A programme for the Transformation of HE Copyright reserved - DK Swemmer 20149

10. Main goal: the integration of training and education  TVET to become the cornerstone of the skills development system  DHET to take lead role in skills planning (research and innovation).  Cooperation between DHET and DBE and therefore between PS and BE institutions. White Paper: Post-schooling Education and Training, 2013 Copyright reserved - DK Swemmer 201410

11. White Paper: Post-schooling Education and Training, 2013 UNIVERSITIES Responsiveness to national development needs (curriculum and research). Staffing transformation. Concern about insufficient SET enrolments and graduates. Greater focus on quality undergraduate programmes at all institutions. Some research at all institutions. Only some institutions are research intensive. Differentiation along national priorities and partnerships. Scarce skills: teachers, health professions, engineering and technology. Copyright reserved - DK Swemmer 201411

12. Concerns about poor performance (throughput, graduation rates, etc). Low numbers of doctoral graduates. Issues of affordability (capping fees; free education). Open and distance learning as a tool for access. Expand access: Central Applications Systems. No substantial changes to NQF. No changes to QA. White Paper: Post-schooling Education and Training, 2013 UNIVERSITIES Copyright reserved - DK Swemmer 201412

13.  Social solidarity and pro-poor policies  Non racialism, non sexism (SA belongs to all who live in it)  The need to redress the ills of the past Constitutional values entrenched in the NDP: National Development Plan 2030 VALUES 13

14. NDP DRIVERS OF CHANGE 14

16. Further education and training  Focus should be on building strong institutions to deliver further education and training programmes  Increase throughput rate and expand FET college infrastructure  Produce 30,000 artisans a year 16

17. Higher education and training  Increase higher education participation rate from 17% to 30%  Increase university science/maths entrants threefold by 2030  Produce over 100 PhD graduates per million per year by 2030  Provide full funding assistance to deserving and capable students (loans and bursaries), covering tuition, books, accommodation and living allowance  Address the decline of the humanities  Ensure that funding supports the missions of different institutions in a differentiated manner  Grant seven-year work permits to all foreigners who graduate from a registered South African university 17

19. tCreate the powers and responsibilities of entities by law tThe Higher Education Act determines what our Council and Senate are and do ACTS Copyright reserved - DK Swemmer 201419

20. ACTS There are also several acts that affect our activities directly:  The Universities Act 61 of 1955 as amended  Higher Education Act 101 of 1997 as amended and  Statute of each University Copyright reserved - DK Swemmer 201420

21. tOur Statutes take the Higher Education Act as the reference point and define how and what we do to give expression to the provisions of the Act. tThe Statute includes features unique to each university. STATUTES Copyright reserved - DK Swemmer 201421

22. tRegulations are gazetted. They define orders and authoritative direction. tAn enabling Statute gives us flexibility by not needing regulations. tNB Joint Regulations still govern us. REGULATIONS Copyright reserved - DK Swemmer 201422

23.  These are approved by the Council of the University.  Senate approves academic Rules that Council endorses.  A Rule defines the principle to which action or procedure conforms. RULES Copyright reserved - DK Swemmer 201423

24.  Standing orders give expression to the enabling rules have been approved.  Senate approves ones that govern academic activity, eg Standing Orders on Assessment.  Council approves others.  They govern the way in which business is conducted. STANDING ORDERS Copyright reserved - DK Swemmer 201424

25. Policies, procedures, guidelines uA policy defines a course or principle of action adopted by Council or Senate. uProcedures are the mode of conducting business. uGuidelines are a set of directing principles/steps. UNIVERSITY POLICIES, PROCEDURES AND GUIDELINES Copyright reserved - DK Swemmer 201425

26. Selected Acts  Higher Education Act  Labour Relations Act  Basic Conditions of Employment Act  Skills Development Act  Employment Equity Act  National Research Foundation Act  PANSALB Act  SAQA Act  Auditor-General Act  Human Rights Commission Act Copyright reserved - DK Swemmer 201426

27. Commission on Gender Equality Act National Youth Commission Act Public Protector Amendment Act Special Investigating Units and Special Tribunals Act … PLUS over another 100 Acts – 80% promulgated since 1994. Selected Acts affecting Universities Copyright reserved - DK Swemmer 201427

28. Council’s Role and Operation  The Council must govern (not manage) in an organized, planned and highly disciplined manner  The Common Law of Meetings applies  Annual evaluation of perform- ance is an integral element of the council’s responsibility  Code of Ethical Conduct – avoiding Conflict of Interest Copyright reserved - DK Swemmer 201428