[Section 27(1) amended by section 8 of Act No. 23 of 2001]
| (a) |
determine the language policy of the public higher education institution concerned; |
| (b) |
publish the policy; and |
| (c) |
make the policy available on request. |
[Section 27(2) substituted by section 8(a) of Notice No. 21, GG 40548, dated 17 January 2017]
| (3) |
The council, after consultation with the students’ representative council, must provide for and establish a suitable structure to advise on the policy for student support services within the public higher education institution. |
[Section 27(3 substituted by section 8(b) of Notice No. 21, GG 40548, dated 17 January 2017]
| (4) |
The council of a public higher education institution must consist of not more than 30 members, made up of— |
| (c) |
not more than five persons appointed by the Minister; |
| (d) |
a member or members of the senate elected by the senate; |
| (e) |
an academic employee or academic employees of the public higher education institution, elected by such employees; |
| (f) |
a student or students of the public higher education institution, elected by the students’ representative council; |
| (g) |
an employee or employees other than academic employees, elected by such employees of the public higher education institution: and |
| (h) |
such additional persons as may be determined by the institutional statute. |
[Section 27(4) amended by section 7 of Act No. 63 of 2002]
| (5) |
The number of persons contemplated in subsection (4)(b), (d), (e), (f), (g) and (h) and the manner in which they are elected, where applicable, must be determined by the institutional statute. |
[Section 27(5) amended by section 7 of Act No. 63 of 2002]
| (5A) |
The eligibility criteria for nomination and election as a member of a council of a public higher education institution referred to in subsection (4) must be determined by the institutional statute. |
[Section 27(5A) inserted by section 1 of Act No. 23 of 2012]
| (5B) |
Any person who has been a member of a council of a public higher education institution— |
| (a) |
under circumstances contemplated in sections 49B(1)(a) and 49E; and |
shall not be eligible for appointment, election, re-appointment or re-election as a member of a council of any public higher education institution.
[Section 27(5B) substituted by section 8(c) of Notice No. 21, GG 40548, dated 17 January 2017]
| (6) |
At least 60 per cent of the members of a council must be persons who are not employed by. or students of, the public higher education institution concerned. |
| (7) |
A member of a council or a member of a committee of a council or a person with delegated functions in terms of section 68(2)— |
[Words preceding section 27(7)(a) substituted by section 8(d) of Notice No. 21, GG 40548, dated 17 January 2017]
| (a) |
must be a person with knowledge and experience relevant to the objects and governance of the public higher education institution concerned; |
| (b) |
must participate in the deliberations of the council or the committee of the council or the committee of the council, or exercise any delegated function in the best interests of the public higher education institution concerned; |
[Section 27(7)(b) substituted by section 8(e) of Notice No. 21, GG 40548, dated 17 January 2017]
| (c) |
must, before he or she assumes office, and annually for as long as he or she continues to hold such office, declare any business, commercial or financial activities undertaken for financial gain that may raise a conflict or a possible conflict of interest with the public higher education institution concerned; |
[Section 27(7)(c) substituted by section 8(e) of Notice No. 21, GG 40548, dated 17 January 2017]
| (d) |
may not place himself or herself under any financial or other obligation to any individual or organisation that might seek to influence the performance of any function of the council; and |
| (i) |
may not have a conflict of interest with the public higher education institution concerned; |
| (ii) |
may not have a direct or indirect financial, personal or other interest in any matter to be discussed at a meeting, or in regard to which he or she is to make a decision in terms of a delegated function, and which entails or may entail a conflict or possible conflict of interest with the public higher education institution concerned; |
[Section 27(7)(e)(ii) substituted by section 8(f) of Notice No. 21, GG 40548, dated 17 January 2017]
| (iii) |
must, before the meeting of the council or the committee concerned and in writing, inform the chairperson of that meeting of the existence of a conflict or possible conflict of interest; |
[Section 27(7)(e)(iii) substituted by section 8(f) of Notice No. 21, GG 40548, dated 17 January 2017]
| (7A) |
Any person may, in writing, inform the chairperson of a meeting of the council or a committee of the council concerned, before that meeting, of a conflict or possible conflict of interest of a member of the council or of a committee of the council with the public higher education institution concerned of which such person may be aware. |
[Section 27(7A) substituted by section 8(g) of Notice No. 21, GG 40548, dated 17 January 2017]
| (7B) |
A member referred to in subsections (7)(e) and (7A) is obliged to recuse himself or herself from the meeting during the discussion of the matter and the voting thereon. |
[Section 27(7B) inserted by section 1 of Act No. 21 of 2011]
| (7C) |
In the event that any member of a committee of the council or any employee, with delegated functions in terms of section 68(2), has a conflict or possible conflict of interest as contemplated in this section in respect of a matter to be considered, the committee or the employee concerned may not take part in any consideration or a decision on the matter but must refer the matter for decision by council, having noted the member's or the employee's interest in the matter. |
[Section 27(7C) substituted by section 8(h) of Notice No. 21, GG 40548, dated 17 January 2017]
| (7D) |
A member of the council or a member of a committee of the council who contravenes subsection (7)(c), (d) or (e), (7A) or (7B), after Council has followed a due process, may be— |
| (a) |
suspended from attending a meeting; or |
| (b) |
disqualified as a member of the council or a member of a committee of the council. |
[Section 27(7D) inserted by section 1 of Act No. 21 of 2011]
| (a) |
having regard to the provisions of subsections (7A) to (7D), (9) and section 34 and after consultation with the institutional forum, adopt a code of conduct to which all the members of the council, all the members of committees of the council and all other persons who exercise functions of the council in terms of delegated authority must subscribe in writing; and |
[Section 27(7E)(a) substituted by section 8(i) of Notice No. 21, GG 40548, dated 17 January 2017]
| (b) |
determine rules and procedures in terms of section 32 for an annual declaration— |
| (i) |
by each member of the council, each member of a council committee and each person who exercises functions of the council in terms of delegated authority; |
| (ii) |
of his or her financial interests and fiduciary roles, the latter to include but not be limited to offices, directorships of companies, memberships of close corporations and trusteeships held; and |
| (iii) |
of the financial interests and fiduciary roles of the members of his or her immediate family. |
[Section 27(7E) inserted by section 1 of Act No. 21 of 2011]
| (8) |
If 75 per cent or more of the members of the council of a public higher education institution resign at a meeting of council, it is deemed that the council has resigned. |
[Section 27(8) inserted by section 8 of Act No. 23 of 2001]
| (9) |
If a council resigns as contemplated in subsection (8) a new council must be constituted in terms of the institutional statute of the public higher education institution concerned by the administrator appointed in accordance with section 49G within a period of six months following the administrator's appointment. |
[Section 27(9) substituted by section 8(j) of Notice No. 21, GG 40548, dated 17 January 2017]]
Contingency Fees Act, 1997
