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

Regulations

Regulations for Annual Reporting by Public Higher Education Institutions

Schedule

Implementation Manual for Annual Reporting

Chapter 2

 

2.1 Legal requirements

 

Sections 40 and 41 of the Higher Education Act. 1997 (Act No. 101 of 1997), as amended, prescribe the following:

 

2.1.1 Funds of public higher education institutions

 

Section 40: Funds of public higher education institutions

 

1) The funds of a public higher education institution consist of -
a) funds allocated by the Minister in terms of section 39;
b) any donations or contributions received by the institution;
c) money raised by the institution;
d) money raised by means of loans and overdrafts;
e) income derived from investments;
f) money received for services rendered to any other institution or person;
g) money payable by students for higher education programmes provided by the institution, but the council may discriminate in a fair manner between students who are not citizens or permanent residents of the Republic and students who are citizens or permanent residents of the Republic when the amount payable is determined;
h) money received from students or employees of the institution for accommodation or other services provided by the institution; and
i) other receipts from whatever source.

 

2)
a) Subject to paragraph (b), a public higher education institution may only with a resolution of its council, not taking into account any vacancy that may exist, enter into a loan or an overdraft agreement.

 

A resolution contemplated in paragraph (a) must be approved by the Minister if the sum of the borrowings it authorises plus the borrowing previously approved but not yet taken up, plus the institution's short-term and long-term debt at that date exceeds --

i) such amount as the Minister has determined for such institution; or
ii) in the absence of such determination, five per cent of the average income of the public higher education institution during the two years immediately preceding the date of such resolution.

 

3)
a) Subject to paragraph (b), a public higher education institution may only with a resolution of its council, not taking into account any vacancy that may exist, embark on any -
i) construction of a permanent building or other infrastructure development;
ii) purchasing of any immovable property; or
iii) long-term lease of immovable property.
b) Any action contemplated in paragraph (a) must be approved by the Minister if the value of such development exceeds five per cent of the average income of that public higher education institution received during the two years immediately preceding such action.

 

2.1.2 Records to be kept and information to be furnished

 

Section 41: Records to be kept and information to be furnished by council

1) The council of a public higher education institution must, in the manner prescribed by the Minister -
a) keep records of all its proceedings; and
b) keep complete accounting records of all assets, liabilities, income and expenses and any other financial transactions of the public higher education institution as a whole, of its substructures and of other bodies operating under its auspices.

 

2) The council of a public higher education institution must, in respect of the preceding year and by a date or dates prescribed by the Minister, provide the Minister with such information, in such format as the Minister prescribes.

 

2.2 Annual Report of a Public Higher Education Institution (King II: 7-20; 49-50; 91101; 147-151)

 

2.2.1 The Annual Report must comprise of the following:

 

REPORTS AND STATEMENTS ON GOVERNANCE AND REPORTS ON OPERATIONS
ANNUAL FINANCIAL REVIEW
REPORT OF INDEPENDENT AUDITORS ON THE CONSOLIDATED FINANCIAL STATEMENTS
CONSOLIDATED ANNUAL FINANCIAL STATEMENTS
REPORT OF INDEPENDENT AUDITORS ON THE SUPPLEMENTARY FINANCIAL DATA AND FINANCIAL PERFORMANCE INDICATORS
SUPPLEMENTARY FINANCIAL DATA AND FINANCIAL PERFORMANCE INDICATORS

 

The minimum content of each of these six sections is prescribed in this manual.

 

2.2.2 Compliance with the recommendations of the "King Report on Corporate Governance for South Africa - 2002"

 

The Council, in respect of its governance, and the Executive Management, in respect of its management and administration, must ensure that the institution for which they are responsible complies, as far as is relevant to higher education institutions, with the content and recommendations of the King Report on Corporate Governance for South Africa - 2002. (Reference to certain, although not all, applicable pages of the King Report will be made in appropriate sections of this manual).

 

2.2.3 Annual financial statements component of the Annual Report: Compliance with either the South African Statements of Generally Accepted Accounting Practice (GAAP) or International Financial Reporting Standards (IFRS) (King II: 42-45; 135-137)

 

Financial statements should fairly present the financial position, financial performance, and cash flows of the institution. Compliance with the South African GAAP/lnternational Financial Reporting Standards (IFRS) and the Higher Education Act, 1997 (Act 101 of 1997), as amended, will normally achieve "fair presentation".

 

It should be noted that since the statements of South African GAAP are harmonized with the International Financial Reporting Standards, compliance with either reporting framework is acceptable.

 

Compliance with the South African GAAP/lnternational Financial Reporting Standards (IFRS) requires compliance with the provisions and requirements of each of the applicable statements of generally accepted accounting practice and with the relevant approved interpretations.

 

Financial statements that do so comply will disclose this fact. The extent to which the financial reporting requirements for HEls are adapted to acknowledge the particular requirements within higher education should be noted.

 

2.1 Concepts of Generally Accepted Accounting Practice (SA GAAP/IFRS)

 

"The objective of financial statements is to provide information about the financial position, performance and changes in financial position of the enterprise that is useful to a wide range of users in making economic decisions."

 

There are two fundamental assumptions in the presentation of financial statements and governance and management reports:

i) The effects of transactions and other events are recognised as they occur and not as cash or cash equivalent is received or paid. This is known as the "Accrual Basis".
ii) Financial statements and other reports are normally prepared on the assumption that an enterprise is a going concern and will continue in operation for the foreseeable future. This is known as the "Going Concern" assumption.

 

There are certain "qualitative" characteristics of these statements and reports. These are:

Understandability: Given the assumption of a reasonable knowledge of corporate and economic activities and accounting terminology, as well as a willingness to study the information with reasonable diligence, financial statements and reports should be readily understandable by users. In this connection the fundamental concept of "matching" items of expenditure against relevant items of income must be applied. However, the application of the concept does not allow the recognition "of items in the balance sheet that do not match the definition of assets or liabilities" (AC101.27).

 

Relevance: The information presented has the quality of relevance when it influences the economic decisions of users by helping them to evaluate past, present or future events or to confirm or correct past evaluations.

 

Materiality: Information is material if its omission or misstatement could influence the economic decisions of users taken on the basis of the financial statements.

 

Reliability: This depends on:

a) Faithful representation
b) Substance over form (substance and economic reality take precedence over "legal form")
c) Neutrality (free from bias)
d) Prudence (in dealing with inevitable uncertainties in the preparation of the statements, realistic caution should prevail)
e) Completeness

 

Comparability: The bases of preparation should enable comparative evaluations to be made of different enterprises and of the same enterprise over time. This is reliant on the application of the concept of consistency in preparation over time.

 

Every HEI must disclose, in a summary of significant accounting policies or other notes, the judgments, apart from those involving estimations, that management has made in the process of applying the institution's accounting policies that have had the most significant effect on the amounts recognised in the financial statements. (lAS 1 Para. 113)

 

An HEI must disclose, in the notes, information about key assumptions concerning the future, and other key sources of estimation at the balance sheet date that have a significant risk of causing material adjustments to the carrying amounts of assets and liabilities within the next financial year. In respect of those assets and liabilities, the notes must include details of -

a) their nature
b) their carrying amount as at the balance sheet date.

 

There are certain constraints on the presentation of relevant and reliable information. These relate to the "timeliness" with which the information is presented; the balance between "benefit" and "cost" in respect of the cost of providing the particular information; and the situations in which it is necessary to balance the various "qualitative characteristics." Finally, financial statements in particular have the essential requirement that they should be a "fair representation" of the events covered.

 

2.2 Accounting standards compliance

 

Higher Education institutions are expected to adopt accounting standards applicable to them and clearly identify these on their accounting policies. Furthermore, as statements of standards are issued that are applicable to an HEI, these will be mandatory from the date on which the particular statement becomes applicable.

 

In respect of the 'First Time Adoption of International Reporting Standards IFRS1' (harmonised with SA GAAP), this standard must be applied as a transitional provision in preparing the annual financial statements of an HEI for the respective financial year in conjunction with all relevant South African Accounting Standards (SA GAAP).

 

IFRS 1 requires an entity to comply with each IFRS effective at the reporting date for its first IFRS financial statements. This standard sets out the requirements and exemptions for the opening IFRS balance sheet to be prepared as a starting point under a new reporting framework.

 

IFRS requires disclosures that explain how the transition from the previously applied national financial reporting framework to IFRSs has affected an entity's reported financial position, performance and cash flows.

 

2.3 Responsibility for Annual Reports

 

The Council of an HEI is responsible for the preparation and presentation of the institution's Annual Report as well as any interim reports, including any interim financial statements that may be specifically required.