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Abstract

As a result of widespread and increasing concern about the quality of leadership and management of public higher education institutions (HEIs), at the beginning of 2001 the Council on Higher Education (CHE) established a task team on governance of HEIs. The task team had three main objectives: · To describe and analyse the state of governance at HEIs with special focus on the role of councils, senates, institutional forums and executive management and the relationship between these four structures · To establish whether, how effectively and with what consequences co-operative governance had been implemented at HEIs in South Africa · To make recommendations on how to improve efficiency, effectiveness and accountability in higher education governance. The investigation was conducted within the framework of the principles, values and goals defined for higher education in the government’s various policy documents since the mid-late 1990s. Arising out of his own concerns, at a meeting with the CHE in May 2001 the Minister of Education requested the CHE to advise him on the governance of HEIs by June 2002, giving new urgency to the work of the task team. Prof Martin Hall of the Centre for Higher Education Development at the University of Cape Town was commissioned to conduct research under the supervision of the task team. The task team, supplemented by non-CHE members with expertise in governance, met as required to discuss and approve the research methodology and the draft reports of Prof Hall and his team. Two documents have resulted from this project: · A research report, this document, which presents the consultants’ findings and conclusions based on a survey of South African policy and practice and of the international literature as well as on visits to 12 South African HEIs. This document, attributed to the consultants, has been published as a CHE research report and is available in print and electronic forms (www.che.ac.za) · A policy report which presents the CHE’s preliminary conclusions and recommendations based on the research report. The CHE believes that the two documents together offer new insights into the workings and problems of governance in the contemporary South African higher education sector, and will add greatly to the quality of the national and institutional debates on governance.

Key takeaways

  • The legislation makes it clear that the Council has overall responsibility for a public higher education institution: "The council of a public higher education institution must govern the public higher education institution, subject to this Act, any other law and the institutional statute".
  • The legislation gives individual institutions considerable leeway (via the Institutional Statute) in constituting the external membership of Council, specifying only that direct Ministerial appointments to Council must be limited to a maximum of five members, thereby preventing Councils from being controlled by state representatives, that members of the Council "must be persons with knowledge and experience relevant to the objects and governance of the public higher education institution concerned", and that they "must participate in the deliberations of the council in the best interests of the public higher education institution concerned".
  • The third key element in the governance of public higher education in South Africa is the Institutional Forum.
  • In addition, the Council on Higher Education could promote debate with both government and educational institutions as to the establishment of a Code of Governance to be adopted and appropriately applied by public higher education institutions.
  • The Higher Education Act 101 of 1997 defines the Senate as one of the major institutional governance structures: