Governance and Ethics in South African Universities: Ensuring Accountability and Transparency

ETHICS- CODE OF CONDUCT & GOOD GOVENANCE COUNCILS OF SOUTH AFRICAN UNIVERSITIES

CODE OF CONDUCT DOCUMENTS HIGHER EDUCATION OF 1997 AMENDMENTS STATUTE OF UNIVERSITY KING REPORT 111

ASSESSOR REPORTS Governance, Leadership and Management Factional councils fiduciary responsibilities Poor middle management registrars, chief financial officers, human research officer Weak senate Corruption Poor financial management HESA REPORT

SOUDIEN REPORT-2008 .with a few exceptions, the leadership role of council was limited, if non-existent. Indeed the overriding impression is of councils that have a prescribed vision, provide little leadership and strategic direction, and accountability measures in place. In short, they have abdicated their leadership role to management and seem to have in the main, become conveyor belts for ratifying policies submitted by management. This was graphically portrayed by constituencies at one institution, where it was claimed the council was owned by management have weak management Report of the Ministerial Committee on Transformation and Social Cohesion and the Elimination off Discrimination in Public Higher Education Institutions Ch 7, P 104,2008

KING III - CODE GOVERNANCE Good governance is essentially about effective leadership. Leaders should rise to the challenge of modern governance. Such leadership is characterised by the responsibility, accountability, transparency and based on moral values that find expression in the concept of Ubuntu ethical values of fairness and

HIGHER EDUCATION ACT (27-7) A member of a council must: a) have relevant knowledge and experience of governance of public HE institution b) participate in the best interests of the institution c) declare any business or financial interests that may lead to a conflict of interest d) not place themselves under an obligation to a person/organisation that may seek to have influence on council e) not have a conflict of interest with the university and must advise of any potential interest in or conflict with an item to be discussed at a meeting

HIGHER EDUCATION ACT:27(7A-D) A. Requires anyone to inform the chair if they are aware of a conflict a member of council may have B. A member with a conflict must recuse themselves during discussion and voting C. A committee with delegated authority cannot take a decision if a member is conflicted D. Provides for suspension or disqualification if these requirements are breached

COUNCILS CODE OF CONDUCT Having regard to the provisions just mentioned, (27: 7a-d and 7A to consultation with the Institutional Forum must adopt a Code of Conduct to which all members of Council and its subscribe 7D) Council after sub-committees must

PURPOSE OF CODE OF CONDUCT to provide a member of council with a set of principles as to what is regarded as appropriate conduct in performing her/his functions of council

BACKGROUND CODE OF CONDUCT Not intended to inhibit actions of member of council Ensure where there is a conflict between any such actions and the best interests of the university, the interests of the university will take precedence A means of ensuring self-regulation by member of council A means for taking action with regards to inappropriate conduct on the part of a member of council

COUNCILS RESPONSIBILITIES Responsible for governance; not operational details in management of university Legal authority to give directions to only one employee of university: Vice-Chancellor Council members should not interfere in relations with other administrators, faculty, staff or students Complaints to council members refer to VC Complaints of VC to Chairperson and EXCO

ACADEMIC GOVERNANCE Senate robust debates; intellectual rigour Programmes needs of country; balance between disciplines Quality of programme offerings, teaching & learning Research & postgraduate studies Collegial or managerial governance Academic freedom and institutional autonomy

GIFTS AND BENEFITS Unethical to solicit gifts or benefits Tenders Compromises / influences decisions Nominal value accept Significant value send to public affairs

Appropriate Conduct? What is in the best interest of the university If interests of university prejudiced by actions of council member council must reprimand such a member

ACCEPTANCE OF CODE On commencement of her/his term of office, a member of council must indicate her/his acceptance of this code by completing and signing an acknowledgement of receipt and undertaking This is submitted to the Secretary of Council who must keep the annexure on file

ATTENDANCE AT MEETINGS Attend all meetings of council and its committees If unable to attend send apology If Council member fails to attend three consecutive meetings without an apology, the Chairperson will request member to terminate membership

CONDUCT AT COUNCIL MEETINGS Participate in the deliberation of the council in an orderly fashion and in the best interests of the university Motion or amendment speak once; mover has right of reply Chairperson has deliberate and casting vote Ruling of chairperson on point of order is binding unless challenged by members put to the vote Chairperson ensures that all members given an opportunity to participate Matters concluded at previous meetings not to be reopened for debate unless agreed to by Council

CONFLICT OF INTEREST Act for the benefit of the university and not for personal gain or organisations to which she/he belongs Must not use information acquired in performing duties as council member for personal advantage or of a third party Submit at the first meeting of council a Conflict of Interest Declaration Form; to be repeated yearly After a member has declared interest in a matter before Council, such member is obliged to recuse her/himself for the duration of discussion of the matter

IMPROPER CONDUCT Where a member of Council acts in a manner contrary to the letter and spirit of the code: Chair meets with member and resolves the matter through discussion Matter referred to Code o Conduct Committee of Council comprising 3 members - recommend to Council: - caution & reprimand - suspension - expulsion If it involves staff or student Council may refer the matter to the Vice-Chancellor to take steps on terms of the staff/student disciplinary committee