Higher Education Act, 1997 (Act No. 101 of 1997)

Notices

Institutional Statute of Stellenbosch University, 2019

Introductory Note
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[This introductory note explains the context for the Statute, but does not form part of the Statute.]

 

1. The Statute is the constitution of Stellenbosch University. The Statute provides the foundational structures and processes within which the values, ideals and principles driving the University are being conducted and pursued. It binds together the various sectors comprising the University, and sets the tone for all decision-making and academic and administrative activity. The Statute describes the composition, powers, and functioning of the various bodies established by the Statute, and the election or appointment, and the powers, of the office bearers created by the Statute. In short, the Statute provides the institutional framework within which the effective governance and administration of the University are conducted.

 

2. The Statute is subject to the Constitution of the Republic of South Africa, 1996, and may also not be inconsistent with the Higher Education Act, 1997. Within the University, the Statute is its foundational document. All rules, policies or other instruments made by University bodies and functionaries are therefore subject to the Statute.

 

3. As the constitution of the University, the focus of the Statute is on the institutional architecture of the University, and it does not provide for all the particulars in respect of the governance and administration of the University. Section 32(1)(b) of the Higher Education Act, 1997, supports this approach by providing for the making of institutional rules to give effect to detail aspects of the Statute. Some institutional rules are already in place, but in due course more institutional rules will be made to flesh out the Statute.

 

4. Consequently, the general approach in the Statute is to confer on the University, or a particular body or functionary, the necessary authority to do something. Put differently, it confers the final responsibility for a power or duty on a particular body or functionary, but it does not necessarily indicate how that power or duty is to be executed or performed, and even by whom. Throughout, it is assumed that through delegation powers and duties are often, if not mostly, exercised and performed by other functionaries and bodies than those carrying the final responsibility. In support of this approach, the Statute provides for the general delegation of all powers and duties, unless expressly prohibited by the Statute or the Higher Education Act, 1997. In this sense, the Statute is a flexible and common-sense document which accommodates acceptable and effective decision-making processes and procedures generally found in large entities.

 

5. As stated clearly in the Preamble and clause 5, the Statute is based on certain fundamental principles. The various governing structures and office bearers function in accordance with the principles of democratic representation and accountable governance. The Statute determines the framework for the exercise of decision-making powers, and ensures that powers and duties are performed lawfully and effectively, in accordance with the democratic spirit and intent of the Statute. The Statute commits the University to open, transparent, responsible and accountable governance and administration and contains various checks and balances to ensure this.

 

6. From a drafting point of view, it is believed that the Statute is a logical and accessible document, drafted in language and style that is simple and easy to understand, and in all essential respects accurate and legal. It is believed that the Statute is a clear, streamlined and effective document ideally suited to serve the University as it embraces the opportunities ahead. The Statute will promote good, ethical, open and accountable leadership, governance and administration, and will bind together the University community in its pursuit of academic and administrative excellence that benefits society as a whole.