Higher Education Act, 1997 (Act No. 101 of 1997)NoticesInstitutional Statute of the University of Fort HareChapter 4 : Council26. Functions and responsibilities |
| (1) | The Council— |
| (a) | governs the University in accordance with its scope of authority as provided for in the Act, any other applicable legislation and this Statute and monitors compliance therewith; |
| (b) | ensures good management of the University and is inter alia responsible for policy-making; the monitoring of the implementation of policies; the appointment of the Vice-Chancellor, Deputy Vice-Chancellors, Executive Directors and the Registrar; the establishment and disestablishment of faculties and academic departments and the determination of fees; |
| (c) | adopts the University's vision, mission and values, and monitors the realisation thereof; |
| (d) | is responsible for sustaining the University's reputation and financial health, and the well-being of its employees and students; |
| (e) | is responsible for establishing and maintaining high standards of academic conduct and probity in concurrence with the Senate; |
| (f) | is responsible for adopting and monitoring financial and non-financial performance measures related to the University's strategic objectives; |
| (g) | is responsible for laying down guidelines and policy on staff matters including staff and student disciplinary matters; |
| (h) | determines, in consultation with the Vice-Chancellor, the nature and scope of the University's social responsibilities; |
| (i) | protects the institutional autonomy of the University and the academic freedom of its employees while upholding public accountability, and deliberates on the nature and role of the University; |
| (j) | approves the SRC Constitution after consultation with the SRC; and |
| (k) | is accountable to the Minister in terms of the provisions of section 41 of the Act. |
| (2) | The Council's responsibilities include— |
| (a) | making or amending the Statute in accordance with sections 32 and 33 of the Act (a function that cannot be delegated); |
| (b) | subject to section 34 of the Act, appointing employees whom the Council considers necessary to manage the University effectively and to fulfil the University’s vision and mission. All appointments are made in line with the Act, this Statute and the human resource policies of the University: Provided that no person shall be appointed as an academic employee except after consultation with the Senate or a Senate committee mandated by Senate for this purpose. |
| (c) | reviewing the institution’s strategic plan and annual performance plan and targets, specifically in relation to the institution’s annual budget, and other strategic plans such as academic and financial plans as well as risk management and other sustainability plans; |
| (d) | approving the University's annual budget; |
| (e) | entering into financial agreements and agreements for the construction of buildings in accordance with sections 40(2) and (3) of the Act; |
| (f) | determining after consultation with Senate— |
| (i) | what academic structures are required and what the functions of each structure are in order to ensure efficient governance; |
| (ii) | the appointment of academic employees; |
| (iii) | the student academic admission policy of the University; |
| (g) | determining with the approval of Senate— |
| (i) | the entrance requirements for particular higher education programmes, the number of students who may be admitted for a particular higher education programme, the way in which to select/place students; the minimum requirements for readmission to study at the University; and to refuse such readmission to a student who fails to satisfy such minimum requirements for readmission; and |
| (ii) | the language policy of the University. |
| (3) | The Council, after consultation with the Student Representative Council, shall make provision for and establish in accordance with the Institutional Rules of the University, a structure or structures for advising the Council on the policy for support student services at the University. |
| (4) | The Council shall ensure that |
| (a) | an external audit is conducted on an annual basis in accordance with accepted audit principles and standards and that the recommendations of the auditors are implemented |
| (b) | comprehensive records of all Council and Council committees’ proceedings are kept |
| (c) | complete accounting records of all assets, liabilities, income, expenditure, and other financial transactions are kept as required by section 41(1) of the Act; |
| (5) | Council shall report to the Minister as contemplated in section 41(2) of the Act and must ensure compliance with the directives of the Minister. |
| (6) | The Council establishes Council committees and joint Council and Senate committees, including the approval of concomitant charters, to perform any of its functions and may appoint persons, who are not members of Council, as co-opted members of its committees as it deems fit. |
| (7) | The Council may, on such conditions it may determine, delegate any of its functions or powers to the Executive Committee of the Council, the Vice-Chancellor or any employee, the Management Executive Committee or any structure of the University, except for the powers set out in section 68(2) of the Act. |
| (a) | All delegated functions and responsibilities will be reflected in a delegation framework which Council will review, and amend if necessary, on an annual basis but at least every two years; |
| (b) | The delegation shall be writing. |
| (8) | The Council remains responsible and accountable for the performance and outcome of any delegated function. |
| (9) | Council shall adopt a framework governing fees for preparing for, and attending of Council and Council Committee meetings or engagements. |
| (10) | Council shall adopt a code of conduct to guide the contribution, behaviour and conduct of members of Council as provided for in s 27(7E)(a) of the Act and subparagraph 35(2) of this Statute. |
| (11) | Council must conduct a periodic external and internal performance assessment of all its structures and officers as provided for in the Rules. |