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Higher Education Act, 1997 (Act No. 101 of 1997)

Notices

Standard Institutional Statute

2. Definitions

 

In this Statute any word or expression to which a meaning has been assigned by the Higher Education Act, 1997 (Act No. 101 of 1997), as amended, has the meaning so assigned to it, and unless the context otherwise indicates:

 

''academic employee"

means any person appointed to teach or to do research at the institution and any other employee designated as such by the council of the institution;

 

"Act''

means the Higher Education Act, 1997 (Act No. 101 of 1997), as amended;

 

"chancellor"

means the person contemplated in paragraph 5;

 

"convocation"

means the convocation contemplated in paragraph 44;

 

"council"

means the governing body of the institution contemplated in paragraph 9;

 

"days''

includes Saturdays, Sundays and public holidays;

 

"diplomate"

means a person who has obtained a diploma of an institution;

 

"donor"

means a person, body or entity who has made a donation, which, in the opinion of the council warrants that person, body or entity being recognised as a donor as contemplated in paragraph 6 1 ;

 

''employee''

means an academic employee or a non-academic employee of the institution;

 

"employer"

means the council of an institution;

 

"entity"

means any organisation, forum or body and includes any organisational structure provided for in the Act or determined by the council;

 

"functions"

include powers and duties and vice versa;

 

"graduate"

means a person who has obtained a degree of an institution;

 

"institution"

means a public institution contemplated in section 20 of the Act;

 

"institutional forum"

means the institutional forum contemplated in paragraph 32 of this Statute and section 13 of the Act;

 

"interim council"

means the interim council appointed by the Minister as contemplated in section 20(6), 21(3A) and 23(5) of the Act;

 

"management"

means senior management as well as management as contemplated in paragraph 48(1) of this Statute;

 

"Minister"

means the Minister of Education;

 

"month''

means calendar month;

 

"non-academic employee"

means any employee who is not an academic employee;

 

"office bearer"

means a functionary provided for in the Act or determined by the council;

 

"professor"

means an academic employee who has been given the title of professor by the institution or by another institution, but does not include an emeritus, associate or assistant professor;

 

"qualification"

means a certificate, a diploma or a degree;

 

"representative employees organisation"

means an organisation which consists of employees, excluding members of the management of the institution, formally associated together and organised in a staff association or trade union for the purpose of regulating relations between themselves and the institution and which is recognised by the council on such conditions as have been negotiated between the council and the employee organisation, which has been reduced to writing in the collective or recognition agreement;

 

"rules"

mean rules made by the institution as Contemplated in section 32 of the Act;

 

"seat of the institution"

for the purposes of paragraph 3 of this Statute and section 65A of the Act means the physical location of the institution set out in the notice contemplated in section 20(1 ), 21(1) or 23(1) of the Act;

 

"senate''

means the body responsible for academic matters contemplated in paragraph 21;

 

"senior management''

means senior management as contemplated in paragraph 48(2) of this Statute;

 

"SRC"

means the students' representative council of the institution contemplated in paragraph 36;

 

"student"

means a person registered for a qualification at the institution;

 

"sufficiently representative"

means representation by a representative employees' organisation, which is sufficient, as determined by the particular structure to which the representation applies.