Higher Education Act, 1997 (Act No. 101 of 1997)NoticesStandard Institutional Statute8. Functions of council |
| (1) | Subject to the Act and this Statute the council governs the institution. |
| (2) | Without derogating from the generality of subparagraph (1), the council— |
| (a) | makes Rules for the institution; |
| (b) | establishes the council committees and determines the composition and functions of each committee; |
| (c) | establishes, in consultation with the senate, joint committees of the council and the senate to perform functions which are common to the council and the senate; |
| (d) | appoints all employees of the institution, but, in the case of academic employees of the institution, it may do so only after consultation with the senate; |
| (e) | determines the student admission policy of the institution, after consultation with the senate; |
| (f) | determines, with the approval of the senate, the entrance requirements in respect of particular higher education programmes, the number of students who may be admitted for a particular higher education programme and the manner of their selection, and the minimum requirements for re-admission to study at the institution; |
| (g) | may, with the approval of the senate, refuse re-admission to a student who fails to satisfy the minimum requirements for re-admission; and |
| (h) | determines and provides student support services after consultation with the SRC. |
| (3) | Without derogating from the generality of subparagraph (1), the council— |
| (a) | makes the institutional Statute and any amendments thereto; |
| (b) | appoints the senior management, as defined, of the institution; |
| (c) | determines conditions of service, the disciplinary provisions and the privileges and functions of its employees, and may, in the manner set out in the disciplinary Rules, suspend or dismiss any employee of the institution; |
| (d) | may order an employee whom it has suspended to refrain from being on any premises under the control of the institution and to refrain from participating in any of the institution’s activities or issue such other conditions as it may deem necessary; |
| (e) | determines the language policy of the institution, after consultation with the senate; |
| (f) | determines, after consultation with the senate, which academic structures are required and the functions of each structure, in order to ensure efficient governance; |
| (g) | determines tuition fees, accommodation fees and any other fees payable by students as well as accommodation fees payable by employees; |
| (h) | approves the annual budget of the institution; |
| (i) | may conclude a loan or overdraft agreement, subject to the proviso that the approval of the Minister is required whenever the aggregate of existing borrowings plus the new contemplated borrowing exceeds 5 per cent of the average income of the institution received during the two years immediately preceding such agreement; |
| (j) | may enter into an agreement for the construction of a permanent building or other immovable infra-structural development, the purchasing of immovable property or the long term lease of immovable property, subject to the proviso that the approval of the Minister is required if the value of such development or property exceeds five per cent of the average income of the institution received during the two years immediately preceding the agreement; |
| (4) | Subject to section 68 of the Act, the council may delegate any of the functions referred to in subparagraph (2), but the council may not delegate any of the functions referred to in subparagraph (3). |
| (5) | The council is not divested of responsibility for the performance of any function delegated or assigned under subparagraph (4). |