Public hearings into HEA Bill
Public hearings on the Higher Education Amendment (HEA) Bill kicked off on Tuesday, led by Parliament's Portfolio Committee on Higher Education and Training.
Relevant stakeholders would meet over the next two days in Parliament to discuss the HEA Bill.
The bill, according to the committee, would seek to ensure "proper governance, [an] oversight mechanism on institutions, balancing institutional autonomy with accountability, and pushing transformation of the sector in line with the National Development Plan".
To date, the committee had received 15 written submissions. On Tuesday, the South African Parastatal and Tertiary Institutions Union (SAPTU), the University of Cape Town (UCT), and the Catholic Institute of Education were among those stakeholders who would make presentations.
Representing UCT is Vice-Chancellor Max Price and it is expected that he will make numerous suggestions for adjustments to the HEA Bill.
The Bill will be introduced into the National Assembly during the 2016 parliamentary session.
Concerns
SAPTU was the first stakeholder to make its verbal submission.
Speaking on behalf of SAPTU, as an independent consultant, was Professor Derek van der Merwe, emeritus professor of Law at the University of Johannesburg.
Van der Merwe addressed the three concerns SAPTU had with the HEA Bill.
These were transformation goals and oversight mechanisms, ministerial directives and the appointment of an independent assessor and administrator, and increased administrative burden on public higher education institutions.
Van der Merwe stated that the HEA Bill tilted the balance too heavily toward public accountability, "to the detriment of institutional autonomy".
He said that in terms of transformation goals, the HEA Bill addressed the matter with a "broad-brushed stroke" and that there was definitional vagueness.
Equally, said Van der Merwe, "oversight mechanisms" had no legal definition and thus needed to be given content.
"In the absence of more detail, the conclusion is inevitable that the 'appropriateness' of the oversight mechanisms is determined by the Minister alone," said Van der Merwe.
"The dearth of detail is cause for real concern".
He added that the grounds on which the Minister could appoint an independent assessor or an administrator could be questioned.
As it stood within the HEA Bill, Van der Merwe said there existed "ample opportunity for intrusion of political ideology".
He added that the HEA Bill would also present an increased administrative burden on higher education institutions.