UKZN INSPIRING GREATNESS

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

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.

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.

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

HE Act chapter 4: Governance of public HEIs

CouncilGoverns

Institutional Forum

advises Council

Institutional statute

Senateresponsible for

academic & research functions

Principal responsible for management & administration

Students Representative

Councilrepresent students

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

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

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

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

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

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

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

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”

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

?

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

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

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

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

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% (167000 -> 425000) esp STEM• Increase masters & PhD students to >25% • Produce 100 PhDs per million per annum ie. 5000 pa (1420 pa)• Double science graduates; increase African & women postgrads• Expand infrastructure esp student accommodation

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

Legislative & Policy framework

HE Act

Statute

Constitution

various Acts policies

NDP

green/ white

papers

Thank you ….