Question NW2610 to the Minister of Higher Education, Science and Innovation
18 September 2023 - NW2610
Siwisa, Ms AM to ask the Minister of Higher Education, Science and Innovation
(1)(a) What has he found is the crisis at universities that calls for the Higher Education Act, Act 101 of 1997, to be reviewed and (b) how do those who have called for the review of the specified Act, propose to his department that it will assist in resolving the crisis; (2) whether the review they have proposed to his department will be inclusive of gradually ridding the higher education sector of tenderpreneuring and ensure that the capacity of his department is increased; if not, why not; if so, what are the relevant details?
Reply:
1. There have been some calls for the Act to be reviewed, particularly in the context of governance challenges over the years. Some of the issues and proposals are as follows:
- The current Act is seen to limit the framing of the Code of Conduct of councils to principles and practices for avoiding conflicts of interest. Provisions for Council to discipline members for misconduct beyond matters of conflict of interest should be formulated.
- Some of the governance challenges have been attributed to the way councils are structured. Proposed solution included reductio of the current maximum of 30.
- Consideration must be given to other intervention measures, in addition to issuing a directive, appointing an independent assessor, and appointing an administrator.
- The current economic environment, the underfunding of universities, the massification of higher education without matching funding, amongst others, has led universities to establish entities with a view to increase and diversify their third-stream income generation. However, the Act is silent on the establishment and regulation of such entities.
- Section 38 provides for public higher education institutions to co-operate with each other in any manner to achieve the optimal utilisation of resources and the performance of their functions, and to establish national and regional structures to facilitate the cooperation and collaboration initiatives. However, it does not include partnerships and cooperation between and among private HEIs inter se; and between public and private HEIs.
- The issue of alignment of definitions of various terms with other Acts such as NQF Act has also been identified as requiring the Higher Education Act to be amended.
2. The proposed review has not included tenderpreneuring in the sector and capacity of the department. The question of tenderpreneuring should ordinarily be addressed in the Audit and Risk Committee of the universities. With regards to the capacity in the Department, an organisational review is underway with the intent to address the capacity of the department, and alignment of the structure with the Act and White Paper. It is not immediately clear that the latter process will have to be factored in the review of the Act.