PROMOTING GOOD GOVERNANCE IN SOUTH AFRICAN HIGHER CENTER/Promoting_Good_Governanآ  PROMOTING GOOD GOVERNANCE

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  • PROMOTING GOOD GOVERNANCE IN SOUTH AFRICAN

    HIGHER EDUCATION

    Council on Higher Education Governance Task Team Policy Report

    May 2002

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    Acknowledgement The Council on Higher Education (CHE) would like to acknowledge the support that it received from the Department for International Development (DfID) and the FORD Foundation for the production of this report. ISBN: 1-919856-29-3 Published by the Council on Higher Education Material from this publication cannot be reproduced without the CHE’s permission. Website http://www.che.org.za

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    Table of Contents

    PREFACE ................................................................................................................................... 5

    INTRODUCTION ................................................................................................................. 7

    1 HIGHER EDUCATION GOVERNANCE...........................................................................11

    1.1 INTRODUCTION ...............................................................................................................11 1.2 THE LEGISLATIVE FRAMEWORK......................................................................................11 1.3 CO-OPERATIVE GOVERNANCE ........................................................................................12 1.4 THE BICAMERAL PRINCIPLE ...........................................................................................13 1.5 COUNCIL AND THE INSTITUTIONAL FORUM ..................................................................15 1.6 SENATE ............................................................................................................................17 1.7 GOVERNANCE AT THE SYSTEM LEVEL............................................................................17

    2 ANALYSING AND EVALUATING GOVERNANCE PRACTICE...................................21 2.1 INTRODUCTION ...............................................................................................................21 2.2 METHODOLOGY...............................................................................................................21 2.3 ORGANISATIONAL TYPES AND CAPACITIES.................................................................... 23

    3 GOVERNANCE IN PRACTICE ........................................................................................ 25 3.1 INTRODUCTION .............................................................................................................. 25 3.2 SENATE ........................................................................................................................... 25 3.3 TRUSTEESHIP.................................................................................................................. 26 3.4 REMUNERATION OF COUNCIL MEMBERS...................................................................... 27 3.5 COUNCIL GOVERNANCE IN PRACTICE........................................................................... 29 3.6 TOWARDS IMPROVED COUNCIL PERFORMANCE............................................................ 33 3.7 THE INSTITUTIONAL FORUM......................................................................................... 37

    4 CONDITIONAL AUTONOMY: THE STATE AND THE GOVERNANCE OF HIGHER EDUCATION INSTITUTIONS..................................................................................41

    4.1 INTRODUCTION ...............................................................................................................41 4.2 CONDITIONS OF AUTONOMY ..........................................................................................41 4.3 THE CASE FOR A CODE OF GOVERNANCE...................................................................... 43

    5 SUMMARY OF RECOMMENDATIONS .......................................................................... 45 5.1 INTRODUCTION .............................................................................................................. 45 5.2 RECOMMENDATIONS REQUIRING AMENDMENT OF THE HIGHER EDUCATION ACT .. 45 5.3 RECOMMENDATIONS REQUIRING A STATEMENT OF POLICY BY THE MINISTRY ......... 48 5.4 RECOMMENDATIONS REQUIRING ACTION BY THE COUNCIL ON HIGHER EDUCATION 49

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    Table of Figures Figure 1: Governance Conditions............................................................................................................................22 Figure 2: Balancing Effectiveness and Efficiency in Governance......................................................................24

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    PREFACE As a result of increasing concern around the governance of higher education institutions, at the beginning of 2001 the Council on Higher Education (CHE) established a Task Team on governance at higher education institutions. The Governance Task Team was requested to undertake an investigation with three main objectives: • To describe and analyse the state of governance at higher education institutions with special focus on

    the role of university councils, senates, institutional forums and management and the relationship between these four structures

    • Establish whether, how effectively and with what consequences co-operative governance had been implemented at public higher education institutions in South Africa

    • Make recommendations on how to improve efficiency, effectiveness and accountability in higher education governance.

    The investigation was to be conducted within the framework of the principles, values and goals defined for higher education in various policy documents. 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 higher education institutions by June 2002, giving new urgency to the work of the Task Team. After the CHE approved a carefully designed project proposal, the Governance Task Team was extended to include non-CHE members with special expertise on and experience of higher education governance. Prof. Martin Hall of the Centre for Higher Education Development at the University of Cape Town and Ms. Ashley Symes, an independent consultant, were commissioned to conduct research under the supervision of the Task Team. The Governance Task Team met as required to discuss and approve the methodology for the research, draft reports of the researchers and their final report. The actual work of the task team started in September, with a meeting to discuss the extent and methodology of the research proposed by the consultants. This document contains the summary policy analysis, proposals and recommendations of the CHE on the governance of higher education institutions. It is the result of detailed empirical research and the considered analysis of South African higher education policy as well as international trends. A major Research Report that contains the details of the analysis is being published alongside this document and is available from the CHE in print and electronic forms. The CHE views this document as a substantial contribution to the debate on governance and as a productive intervention at the level of governance policy. It welcomes stakeholder and scholarly engagement with this policy document and the Research Report. I thank all Governance Task Team members for their tremendous contribution to the overall investigation and especially this document. I also extend the CHE’s deep appreciation to Prof. Hall, Ms. Symes and their team for their excellent work. Finally, I must acknowledge the generous support of the British Department for International Department and the Ford Foundation for this project and this document. At a moment of impending further transformation of higher education through the reconfiguration of the institutional landscape, good governance is and will be a crucial and vital element for successful

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    transformation. The CHE trusts that this report will contribute to a revitalisation of governance procedures and structures at higher education institutions and through this to the realisation of national policy goals. The CHE invites submissions and responses to this document until 19 August 2002. Thereafter, the CHE will analyse all comments and prepare its formal proposals and advice to the Minister of Education on the governance of higher education institutions. All comments must be addressed to Dr Lis Lange, Project Manager, Council on Higher Education, PO Box 13354, The Tramshed, 0126; or by email to lange.l@che.ac.za by 19 August 2002. Prof. Nick Segal Convenor, CHE Governance Task Team

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    INTRODUCTION

    The Council on Higher Education Governance Task Team had three objectives: • To describe and analyse the present state of governance in public higher education institutions in

    South Africa; • To evaluate the concept of “co-operative governance”; • To make recommendations on how to improve efficiency, effectiveness and accountability in higher

    education governance. In order to provide focus, the Task Tea