Higher Education Act, 1997 (Act No. 101 of 1997)NoticesInstitutional Statute of North West UniversityChapter 2 : Governance and Other Structures7. Functions and powers |
COUNCIL
| (1) | The council governs the university in accordance with the Act, this statute and the rules, and may— |
| (a) | make and amend the statute; |
| (b) | approve and adopt the strategic and performance plans of the university; |
| (c) | make rules and determine the university's policies and procedures; |
| (d) | monitor operational performance and management and oversee risk management; |
| (e) | establish academic structures and units, including faculties, on the recommendation of the senate; and |
| (f) | establish other entities and structures subject to the recommendation of the vice-chancellor and, where applicable, the senate. |
| (2) | The council must establish an audit, risk and compliance committee, a remuneration committee and a finance committee, and may establish additional committees deemed necessary for the performance of its functions, including joint committees with the senate. |
| (3) | Any provision of the statute applicable to a member of the council, including the codes of conduct contemplated in section 27(7E) of the Act, applies with the necessary changes to a member of a council committee who is not a member of the council. |
| (4) | Subject to subparagraph (5) and paragraph 81, the council may delegate any of its functions to a committee established in subparagraph (2) and may delegate any of its powers to any structure, employee or body of the university, but remains responsible for the exercise and the performance of the functions so delegated |
| (5) |
| (a) | The council may not delegate any of the following functions— |
| (i) | the establishment, restructuring or disestablishment of faculties; |
| (ii) | the appointment of the vice-chancellor and members of the management committee, as well as the internal auditor; |
| (iii) | the modification of such general conditions of service or terms of appointment of the employees as may have been prescribed by the council; |
| (iv) | the approval of the annual budget of the university; |
| (v) | the adoption of the unaudited mid-year financial statements and the audited financial statements |
| (vi) | the determination of the fees to be paid by students; |
| (vii) | the making or amendment of the statute; |
| (viii) | the power to obtain a loan or overdraft on behalf of the university; |
| (ix) | the decision to embark on the construction of a permanent building or other immovable infrastructural development; and |
| (x) | the purchase of immovable property or entering into the long-term lease of immovable property. |
| (6) | The language policy of the university determined by council in accordance with section 27(2) of the Act, must be flexible and functional, and must redress language imbalances of the past and promote multilingualism, access, integration and a sense of belonging. |
| (7) | The council appoints or delegates the appointment of the employees of the university in accordance with the rules, it determines the conditions of employment, privileges and functions and disciplinary measures applicable to employees; and, in accordance with the rules, the council determines that no one is authorised to appoint a person reporting directly to such a person. |
| (8) | The council, after consultation with the SRC, must provide for a suitable structure to advise the council on the policy for student support services within the NWU. |