Question NW2613 to the Minister of Higher Education, Science and Innovation

Reply:

1. Minister is contemplating placing the University of South Africa under administration. However, it should be noted that Minister can only make his final decision once he has followed due process as per Section 49(B)(1A) of the Higher Education Act which requires that the Minister must, before appointing an administrator,

1. give written notice to the council of the higher education institution concerned of his or her intention to make such an appointment;
2. provide the council concerned with the reasons for the appointment;
3. give the council a reasonable opportunity to make written representations; and
4. consider the representations.

The Minister issued a notice to the Council for the appointment of an administrator. The contemplated decision was on the basis that the Independent Assessor Report reveals financial and other maladministration of a serious nature and serious undermining of the effective functioning of UNISA. The Report also reveals that the appointment of an administrator is in the best interest of UNISA and of higher education in an open and democratic society. The findings and recommendations of the Independent Assessor are largely consistent with those reached by the Report of the Ministerial Task Team on the Strategic Review of UNISA. The Minister’s observation, after having carefully considered the Council response to the IA Report, was that it does not sufficiently demonstrate that the Council is disposed and committed to successfully address the serious issues raised in the Report.

2. Once a university is placed under an Administrator, the Administrator:

1. takes over the role, powers, functions and duties of the council concerned;
2. carries out the role, exercises the powers, perform the functions and executes the duties of the council concerned to the extent that such role, powers, functions and duties relate to governance;
3. takes over and executes the management of the public higher education institution concerned;
4. identifies and initiates processes and initiatives that restore proper governance and management; and
5. ensures that a new council for the higher education institution concerned is appointed and constituted in accordance with the institutional statute as soon as is practicable.

Therefore, operational matters pertaining to student enrolment, graduates, management, and daily operations of the university placed under administration remains the function of management under the directive of the Administrator.