Higher Education Act, 1997 (Act No. 101 of 1997)NoticesInstitutional Statute of Stellenbosch University, 2019Chapter 2 : GovernanceCouncil10. Powers, responsibilities and functions |
| (1) | The Council governs the University in accordance with the Constitution, the Act, this Statute and the rules. |
| (2) | The Council has a general oversight responsibility in respect of academic and operational matters. |
| (3) | The Council: |
| (a) | may amend this Statute; |
| (b) | may make or approve rules and policies for the University; |
| (c) | may make or approve institutional strategies and plans for the University; |
| (d) | must monitor institutional performance and management; |
| (e) | must oversee risk management; |
| (f) | may establish, disestablish or reconfigure academic structures, including faculties and departments, on the recommendation of the Senate; |
| (g) | may establish, disestablish or reconfigure other entities and structures on the recommendation of the rector and, where they are closely connected with the academic or research functions of the University, the Senate; |
| (h) | must appoint the staff of the University, subject to section 34(2) of the Act, and determine the matters concerning the staff mentioned in section 34(3) of the Act; |
| (i) | subject to section 40(3) of the Act, may purchase immovable property for the University, enter into a long-term lease of immovable property for the University, and authorise the construction of a permanent building or other immovable infrastructural development; |
| (j) | subject to section 20(5) of the Act, may alienate immovable property of the University or grant any person any long-term lease of, real right in, or servitude over any such property; |
| (k) | subject to section 40(3) of the Act, may enter into a loan or overdraft agreement for the University; and |
| (l) | may exercise any other power and perform any other duty conferred on the Council by or in terms of the Act, this Statute and the rules. |
| (4) | The Council: |
| (a) | after consultation with the Senate, must determine the admissions policy of the University in accordance with section 37(1), (2) and (3) of the Act and, with the approval of the Senate, may perform the admissions-related functions specified in section 37(4) of the Act; |
| (b) | with the concurrence of the Senate, must determine the language policy of the University in accordance with section 27(2) of the Act; and |
| (c) | after consultation with the SRC, must provide for and establish a suitable structure to advise on a policy for student support services within the University in accordance with section 27(3) of the Act. |
| (5) | The Council: |
| (a) | may appoint committees consisting of Council members, or Council members and other persons with relevant knowledge and experience, to assist in the performance of its functions; |
| (b) | must appoint any committees required by the rules or the policies of the University; and |
| (c) | may appoint persons with relevant knowledge and experience to enquire into and report to it on any matter relevant to the University. |
| (6) | Subject to section 68(2) of the Act, subclause (7) and clause 63 of this Statute, the Council may delegate any of its powers or functions to any structure, employee or body of the University, but the Council remains responsible and accountable for the exercise of the powers and the performance of the functions so delegated. |
| (7) | The Council may not delegate the following powers and functions: |
| (a) | the amendment of this Statute; |
| (b) | the making of institutional rules; |
| (c) | the approval of institutional strategies and plans for the University, if the making of the strategies or plans has been delegated; |
| (d) | the appointment of the rector, the vice-rectors and the chief operating officer, and the dismissal of the rector, a vice-rector, the chief operating officer, the registrar and a dean; |
| (e) | the establishment or disestablishment of faculties; |
| (f) | the making or amendment of the general terms of appointment or conditions of service of employees; |
| (g) | the approval of the annual budget and financial statements of the University; |
| (h) | the determination of student fees; and |
| (i) | the matters referred to in subclauses (2), (3)(d), (e), (i) and (k), (4) and (5). |