Council

1. Terms of reference and functions [15]

The function of Council is to:

  • govern the University in accordance with the provisions of the Act and generally recognised principles of good governance;
  • approve the Institutional Statute and any amendments thereto;
  • make rules for the University;
  • establish Council Committees and determine the composition and functions of each committee;
  • establish, in consultation with Senate, joint committees of Council and Senate to perform functions common to Council and Senate;
  • appoint all employees of the University, subject to the condition that it may appoint academic employees only after consultation with Senate;
  • appoint senior management;
  • determine the conditions of service, disciplinary provisions, privileges and functions of employees subject to applicable labour law;
  • determine the language policy of the University, in consultation with Senate;
  • after consultation with Senate, determine what academic structures are required and the functions of each structure, to ensure efficient governance;
  • determine tuition fees;
  • determine the student admission policy of the University, after consultation with Senate;
  • identify and provide student support services after consultation with the Students’ Representative Council;
  • approve the annual budget of the University;
  • enter into a loan or overdraft agreement, subject to section 40(2) of the Act;
  • enter into an agreement for the construction of a permanent building or developments and the purchase or long-term lease of immovable property, subject to section 40(3) of the Act;
  • seek the advice of the Institutional Forum as stipulated by the Act.

2. Council membership

For ease of maintenance and updating of membership lists, all lists have been attached to this manual as Annexures.

For the membership list of Council, see Annexure A.

3. General principles pertaining to Council

  • Council is not a constituency-based body. [16]
  • Each member of Council is a member of Council and not a representative of the appointing or electing body.
  • A member of Council does not come into Council with a mandate from the appointing or electing body and does not serve sectional interests.
  • A member of Council has a fiduciary responsibility towards the University and must act in the best interest of the University.
  • All members of Council are equals in the Council Chamber.
  • The Act requires that members of Council “must be persons with knowledge and experience relevant to the objects and governance of the public higher education institution concerned and must participate in the deliberations of the council in the best interest of the public higher education institution concerned”.[17]
  • Council is the highest decision-making body of the University.
  • It is responsible for the good governance of the institution, and the mission, financial policies, performance, quality and reputation of the University.
  • It must work in partnership with Senate in respect of the academic activities.
  • Council consists of a majority of at least sixty per cent of members external to the institution.
  • Council focuses on issues affecting the strategic direction and future of the University.
  • It exercises general supervision over institutional activities and is at the centre of a system of checks and balances.
  • It can delegate its authority, but not its responsibilities.
  • Council accepts collective responsibility for its governance function.

4. Council Committees

4.1 Summary of terms of reference

Council delegates its authority to effective and active key committees to allow plenary Council to meet at least four times a year, [18] and to be allowed to consider high-level policy, planning and oversight issues. Council appoints members on each of its committees.

The terms of reference of the Council Committees are summarised as follows:

 
COUNCIL
  
 

Executive Committee of Council

 

  • To act on behalf of Council in urgent matters with subsequent reporting to Council.
  • To consider and make recommendations to Council on matters referred to Council by Committees of Council, Senate and its committees.
  • To recommend staff appointments, dismissals, transfers and promotions from the senior level upwards to Council.
  • To determine the conditions of service, salaries and job gradings of Executive Management.
  • To make recommendations to Council on policy issues.
  • To ensure proper constitution of Council, e.g. attendance of meetings by members of Council, by filling vacancies on Council, and by proposing an appropriate proportion of new members of Council according to the Institutional Statute.
 

Finance and Investment Committee

 

  • To formulate, develop, maintain and recommend policy in respect of all matters pertaining to the financial management and investment administration of Unisa to Council.
  • To recommend the budget in respect of Unisa’s financial, human and physical resources for each year for submission to Council for approval.
  • To recommend the annual financial statements of Unisa each year for submission to Council for approval.
  • To recommend to Council any amendments to the financial rules with a view to enhancing financial control and administrative efficiency.
 

Audit Committee

 

  • To assist in the evaluation of the adequacy and effectiveness of systems of all internal controls, accounting practices, human resources practices, information systems and auditing processes applied in the day-to-day management of Unisa and to approve any policies and procedures to give effect thereto.
  • To review the scope and focus of the external audit function and review reports emanating from the external audit processes.
  • To ensure compliance with all relevant legislation, statutory requirements, Council directives and the Code of Ethics of Unisa.
  • Assess all areas of risk and the management thereof.
   

Remuneration Committee

 

  • To make recommendations regarding the remuneration of Council members and members of the Executive Management.
  • To recommend specific remuneration packages for each of the Executive members.

Human Resources Committee of Council

 

  • Direct authority for or consideration and recommendation to Council of matters relating to, inter alia, general staff policies, remuneration and prerequisites, bonuses, executive remuneration, service contracts and retirement funds.
  • To be in charge of all human resource matters.
  • To make appointments up to the level of Head of Department.
  • To recommend to Council appointments of Executive Deans and upwards.
  • To be responsible for submission of regular reports on the merger to Council.
  • To be responsible for investigating the human resource needs of the University.
  • To monitor the implementation of the Policy on Employment Equity.
 

 

 

 

 

SBL Board

 

  • To exercise and perform all powers and functions delegated or assigned by Council.
  • To report to Council at its regular meetings.
  • To uphold the good name of Unisa regarding its socially responsible operations.
  • To safeguard the investment of Unisa in the SBL.
  • To submit a strategic plan and annual budget to Council for approval.

4.2 Membership of Council Committees

  • Executive Committee of Council (See Annexure A1)
  • Finance and Investment Committee (See Annexure A2)
     
  • Audit Committee (See Annexure A3)
  • Human Resources Committee of Council (See Annexure A4)
  • Remuneration Committee (See Annexure A5)
  • SBL Board (See Annexure A6)

 

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[15] Institutional Statute, paragraph 7

[16] Ncayiyana, D.J. & Hayward, F.M. [s.a.] Effective governance – A guide for Council members of universities and technikons. Centre for Higher Education Transformation.

[17] Higher Education Act (Act 101 of 1997), section 27(7).

[18] Institutional Statute, paragraph 12(1).

 

Approved - Management Committee -  17.01.06
(c) 2006 UNISA