Higher Education Act, 1997 (Act No. 101 of 1997)Chapter 4 : Governance of Public Higher Education Institutions34. Appointment and conditions of service of employees of public higher education institutions |
| (1) | The council of a public higher education institution must appoint the employees of the public higher education institution. |
| (2) | Notwithstanding subsection (1), the principal, any vice-principal and the academic employees of the public higher education institution must be appointed by the council, after consultation with the senate. |
[Section 34(2) substituted by section 10(a) of Notice No. 21, GG 40548, dated 17 January 2017]
| (3) | The council must determine the conditions of service, disciplinary provisions, privileges and functions of the employees of the public higher education institution, subject to the applicable labour law. |
| (4) | An employee must in writing— |
(a)
| (i) | before he or she assumes office; and |
| (ii) | whenever a new interest arises, |
declare any business, commercial or financial activities undertaken for financial or other gain that may raise a conflict or possible conflict of interest with the public higher education institution concerned; and
[Section 34(4)(a) substituted by section 10(b) of Notice No. 21, GG 40548, dated 17 January 2017]
| (b) | notify the public higher education institution concerned of any conflict or possible conflict of interest before such public higher education institution procures any goods or services from the employee or an organisation within which the employee holds an interest. |
[Section 34(4) inserted by section 2 of Act No. 21 of 2011]
| (5) | An employee may not conduct business directly or indirectly with the public higher education institution at which he or she is employed that entails or may entail a conflict of interest with the public higher education institution unless the council of such public higher education institution is of the opinion, and takes a decision, that— |
[Words preceding section 34(5)(a) substituted by section 10(c) of Notice No. 21, GG 40548, dated 17 January 2017]
| (a) | the goods, product or service in question are unique; |
| (b) | the supplier is a sole provider; and |
| (c) | it is in the best interest of the institution. |
[Section 34(5) inserted by section 2 of Act No. 21 of 2011]
| (6) | An employee may not on behalf of the public higher education institution concerned contract with himself or herself or his or her relative or any entity in which the employee or any relative has a direct or indirect financial, personal, fiduciary or other interest. |
[Section 34(6) substituted by section 10(d) of Notice No. 21, GG 40548, dated 17 January 2017]
| (7) | Contracting referred to in subsection (6) relates to conduct that is aimed at receiving any direct or indirect financial, personal, fiduciary or other gain that does not form part of the employment relationship contemplated in subsection (1). |
[Section 34(7) substituted by section 10(d) of Notice No. 21, GG 40548, dated 17 January 2017]