Higher Education Act, 1997 (Act No. 101 of 1997)NoticesInstitutional Statute of North West UniversityChapter 2 : Governance and Other Structures4. Establishment and composition |
COUNCIL
| (1) | The council of the university that governs the university, is composed of— |
| (a) | the vice-chancellor; |
| (b) | the vice-principal; |
| (c) | three persons elected by the senate in accordance with paragraph 5; |
| (d) | two persons elected by the academic employees in accordance with paragraph 5; |
| (e) | two persons elected by the support employees in accordance with paragraph 5; |
| (f) | three students designated by the SRC in accordance with paragraph 5; |
| (g) | five persons appointed by the Minister; |
| (h) | three persons not being employees of the university elected by the board of donors; |
| (i) | four persons elected by the convocation in accordance with paragraph 5; |
| (j) | three persons from among community leaders, in accordance with the rules; and |
| (k) | three persons who are not employees of the university, appointed by the council in its discretion for their specific expertise |
| (2) | In addition to the requirements of section 27 of the Act— |
| (a) | a member must be a person with knowledge and experience relevant to the objects and governance of the university; |
| (b) | members of the council and of a council committee must perform their functions in the best interests of the university. |
| (c) | due sensitivity to race, gender and disability must be observed in the election, designation and appointment of members; |
| (d) | no person may serve on the council in more than one capacity. |
| (3) |
| (a) | The term of office of a member contemplated in paragraphs (1)(c), (d), (e), (g), (h), (i), (j) and (k) is three years from the date of their election, designation or appointment, and such a member may serve a maximum of three terms, regardless of the category in which a person is elected, designated or appointed or whether any term follows immediately upon a previous term or not. |
| (b) | The term of office of a member contemplated in paragraph (1)(f) is one year from the date of his or her designation, which is not deemed to be a term for the purposes of paragraph (a). |
| (4) | In the event of a member whose membership is terminated in terms of subparagraph (5), the period that such member served before the termination is deemed to have been a full term for the purposes of paragraph (3)(a). |
| (5) | Membership of the council terminates if a member— |
| (a) | resigns in writing to the chairperson; |
| (b) | where applicable, ceases to be an employee of the university; |
| (c) | is absent from three ordinary consecutive meetings of the council without prior apology having been made to and formally accepted by the council; |
| (d) | is declared insolvent by a court of law; |
| (e) | is convicted of any offence involving dishonesty or for which the sentence is imprisonment without the option of a fine; |
| (f) | becomes incapacitated, or his/her continued membership is deemed improper after a due process in accordance with the prescribed code of conduct, taking into consideration the provisions of the Promotion of Administrative Justice Act 3 of 2000; |
| (g) | is a member in terms of paragraph 4(1)(c), (d), (e), (f), (h) or (i) and ceases to be a member of the body that designated or elected the member; |
| (h) | is found guilty of contravening a code of conduct. or the rules in disciplinary proceedings against the member by the council, and the council confirms a recommendation by the disciplinary committee to terminate membership; or |
| (i) | becomes a member of the council of another institution of higher learning, or is employed in a managerial capacity by another institution of higher learning. |
| (6) | At least three months prior to the expiry of the term of office of a member, or as soon as is reasonably possible when the membership of a member is terminated for any reason prior to the expiry of the term of office, the registrar must give notice in writing of the vacancy to the council and to the body who elected, appointed or designated the member. |
| (7) | A member who fills a vacancy occurring before the expiry of the term of office concerned is elected, appointed or designated for a full term. |