THE HIGHER EDUCATION AMENDMENT BILL, 2015, PROVIDES FOR A SOFTER MORE PROGRESSIVE APPROACH TO CO-GOVERNANCE OF HIGHER EDCUCATION
10 November 2015
Professor Belinda Bozzoli, the Democratic Alliance Shadow Minister for Higher Education and Training, has criticized the proposed amendments to the Higher Education Amendment Bill, 2015, tabled in Parliament. She has accused Minister Blade Nzimande of using the amendments to increase his powers to intervene in university matters, specifically with respect to issues of transformation and institutional breakdown, and hence to undermine institutional autonomy. She also accuses the Minister of attempting to rush the Bill through Parliament.
It is clear that Professor Bozzoli has not had the chance to properly engage with the proposed revisions to the Bill and is ignorant of the facts about the process that have led to the revision of the Bill.
This revision was undertaken through a deep reflective and consultative process, involving the university sector and other key stakeholders. The revision was necessary to deal with a number of developments and changes in the higher education landscape, the two most important being the publication of the White Paper on Post-School Education and Training published in October 2013, and the Higher Education Amendment Laws of 2012. Key stakeholders felt that the 2012 amendment to the Act was not properly consulted, the wording was clumsy and gave the Minister too much power over universities and National Institutes of Higher Education, and were not consistent with the Promotion of Administrative Justice Act of 2000 (PAJA).
In 2013, the Minister consulted with university Vice Chancellors and Council Chairs on their concerns and agreed on a process for reviewing the Act. A task team including members from the Department, Higher Education South Africa (now Universities South Africa), Universities Council Chairs Forum of South Africa and Council on Higher Education was established to revise and improve the Bill taking into consideration the principles of academic freedom, institutional autonomy, public accountability and the prescripts of PAJA. This process has been highly consultative and inclusive, and is testament to the principle of cooperative governance between institutions and the State, which underpins the governance of higher education in South Africa.