Higher Education Act, 1997 (Act No. 101 of 1997)NoticesInstitutional Statute of the University of Fort HareChapter 4 : Council29. Election and Appointment of members to Council |
| (1) | The Senate members who serve on Council are elected in terms of the following process: |
| (a) | The Senate shall elect two members from its ranks to serve as Council members for a term of four years: Provided that at least one of the said members is a faculty dean. |
| (b) | Members who are already ex officio members of the Council shall not be considered as candidates. |
| (c) | The Registrar shall notify all members of the Senate in writing of the election of a member or members of the Senate to serve on Council at least seven days before a Senate meeting. |
| (d) | A person shall be a candidate if he or she is nominated during a Senate meeting by at least two persons and indicates verbally or in writing that he or she accepts the nomination. |
| (e) | Members, whose terms of office have expired, may be re-elected or renominated as provided for in subparagraph 30(4). |
| (f) | Where more than one member is nominated for a vacancy, the election shall be by secret ballot. |
| (g) | If multiple candidates are nominated for a vacancy, and no candidate receives an absolute majority of votes of the Senate members present, successive rounds of voting are held. |
| (h) | In each successive round of voting the candidate receiving the least number of votes is eliminated as a candidate until a candidate secures an absolute majority. In the final round of voting, when two candidates remain, the candidate with a simple majority is the successful candidate. |
| (i) | After Senate has elected the members to serve on Council, their names are announced by the Chairperson. |
| (2) | Employee representatives on the Council shall be elected from the ranks of the academic and non-academic employees in accordance with a process facilitated by the Registrar consisting of the following |
| (a) | Within a reasonable period of time before a specific election date, the Registrar shall offer |
| (i) | every academic employee the opportunity to nominate an academic employee to represent the academic staff on the Council; and |
| (ii) | every non-academic employee the opportunity to nominate a non-academic employee to represent the non-academic staff on the Council. |
| (b) | Each nominated candidate shall be seconded by at least ten employees (in the case of an academic nominee they must be academic employees and in the case of a nonacademic nominee they must be non-academic employees) and the nominee shall indicate in writing to the Registrar that he or she accepts the nomination. |
| (c) | On the closure of nominations, the Registrar shall arrange for an election in accordance with generally acceptable election procedures. |
| (d) | Academic employees shall vote in respect of the vacancy to be filled by an academic employee and non-academic employees shall vote in respect of the vacancy to be filled by a non-academic employee. |
| (e) | An election shall be valid only if at least 10 per cent of the academic employees or nonacademic employees, as the case may be, participated in the election. |
| (f) | The Registrar shall announce the results of the election as soon as possible after the conclusion of the election. |
| (g) | The Registrar shall determine, after consultation with the Director of Human Resources, whether an employee of the University, or an employee of the University jointly appointed by the University and another body, qualifies as an academic or a non-academic employee. |
| (h) | If an employee performs academic and non-academic tasks in accordance with his or her job description, that particular employee is considered to be an academic employee. |
| (3) | Student members on the Council shall be elected at an ordinary or a special meeting of the SRC from the ranks of the SRC in accordance with an election procedure as set out in the SRC Constitution. The process is facilitated by the Registrar. |
| (4) | The members of Council who are appointed to the Council on the basis of their expertise and experience shall be appointed by means of a process facilitated and supervised by the Registrar: |
| (a) | The Registrar shall place an advertisement in two national papers and on the University’s website, inviting organisations, interest groups and individuals to nominate persons with the necessary expertise and experience as determined by the Council to serve on the Council: Provided that if, in the opinion of the Council, the advertisements fail to elicit a satisfactory response, the Council may request organisations or individuals to nominate additional persons. |
| (b) | The Nominations and Governance Committee of Council, after consultation with the Registrar, may draw up a list of the most suitable nominees based on their CVs for recommendation to Council: Provided that the names of all nominees and their CVs will be tabled at the Council meeting. |
| (c) | The members of Council who are appointed to the Council on the basis of their expertise and experience shall be elected at an ordinary or an extraordinary meeting of the Council from the ranks of the nominees, after taking into consideration the recommendations made by the Nominations and Governance Committee of Council. |
| (d) | In electing members of Council as contemplated in subparagraph (5)(c), the Council shall take into account that, apart from the required expertise and experience of the individual candidates, it is also desirable to have a broad and balanced representation on the Council as far as gender is concerned. |
| (5) | The process for the appointment of Council members nominated by entities and individuals outside the University shall be facilitated by the Registrar. |
| (6) | The process to be followed in the event of an incidental vacancy arising on the Council shall, with the necessary changes, be the same as described above. |
| (7) | A new Council member who is elected or appointed to fill a vacancy shall be elected for a full term. |