Higher Education Act, 1997 (Act No. 101 of 1997)NoticesInstitutional Statute of the University of Fort HareChapter 3 : Office Bearers and Executive Management StructuresExecutive Director(s)19. Appointment, term of office, vacation of office, Acting Executive Directors and filling of vacancies |
| (1) | The Council must appoint an Executive Director by a resolution adopted by a majority of the members, after complying with the procedures prescribed in the rules in respect of consultation with the Vice-Chancellor, the Senate and the Institutional Forum, as well as the evaluation required by the Rules. |
| (2) | The term of office of an Executive Director must be determined by the Council after consultation with the appointee and must be fixed contractually, but may not be less than three years and not more than five years. |
| (3) | An Executive Director’s term of office terminates by the effluxion of time in terms of the employment contract, or if the Executive Director resigns from office or is discharged from office by Council as contemplated in subparagraph (5). |
| (4) | An Executive Director is eligible for re-appointment in accordance with the Institutional Rules. |
| (5) | The Council may, after following due process as set out in the Institutional Rules, discharge an Executive Director from office by a vote with the support of 60% of all the members of the Council (excluding any vacancies on Council that may exist) on the following grounds: |
| (a) | operational requirements; |
| (b) | serious misconduct; |
| (c) | incapacity; or |
| (d) | persistent poor performance |
| (6) | When an Executive Director is temporarily absent or incapable of performing the duties of the Executive Director, the Vice-Chancellor appoints a member of the Management Executive Committee to act in the position of the Executive Director: Provided that if the Executive Director is absent for more than 25 working days, a person recommended by the Vice-Chancellor and approved by the Executive Committee of Council acts as the Executive Director. |
| (7) | When the office of an Executive Director is vacant, or the Executive Director is absent or incapable of performing the duties of Executive Director, a person designated by the Vice-Chancellor and approved by the Executive of Council acts as Executive Director. |
| (8) | An Acting Executive Director has the same duties, functions, powers and responsibilities as the relevant Executive Director and is accountable to the Vice-Chancellor, and the Council. |
| (9) | The appointment of an acting Executive Director should not exceed 12 continuous months. |
| (10) | At least six (6) months before the office of the relevant Executive Director becomes vacant by effluxion of time, the registrar must in writing notify every member of the Council, the Senate and the Institutional Forum, and the Council may decide to appoint a new Executive Director or to disestablish the position; |
| (11) | If the office of an Executive Director becomes vacant for any other reason, the Registrar must notify every member of the Council, the Senate and the Institutional Forum, and the Council must appoint a new Executive Director in accordance with subparagraph (1) as soon as is practicable: Provided that Council does not decide to disestablish the position. |