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01 October 2021 | Story Xolisa Mnukwa

The silence of universities, collectively and individually, regarding the July events (the political turmoil that disrupted different regions in South Africa in July 2021) was noticeable, as well as inexplicable and distressing. 

This was according to Prof Saleem Badat, Research Professor in the College of Humanities at the University of KwaZulu-Natal and former vice-chancellor at Rhodes University, during a webinar hosted by the University of the Free State (UFS).  

The webinar: The impact of political influences on university governance structures, was held on 22 September 2021, with Prof Badat; Prof Francis Petersen, Rector and Vice-Chancellor of the UFS; Prof Hermann Giliomee, internationally renowned historian; Prof Chitja Twala, Vice-Dean: Faculty of the Humanities at the UFS; and Prof Thulisi Madonsela, Law Trust Chair in Social Justice and a Law professor at Stellenbosch University, as panellists. 

SABC anchor and prominent South African journalist, Vuyo Mvoko, who facilitated the webinar, opened engagement among the esteemed panel by posing the question – how can university communities collectively solve the challenges facing South Africa today?

University governance structures must address and mediate political influences in principled, creative, and strategic ways

“I hope that there is honest and critical reflection on this by individual universities and Universities South Africa (USAf),” said Prof Badat on the silence of universities regarding the July events. He further argued that a ‘renewed focus’ on the responsibilities of universities in society is important. 

He explained this by unpacking the roles of universities in society and how they are shaped by the structural and conjunctural conditions within which they exist and operate. Prof Badat encouraged those roles – institutionally and through scholarship, learning, and community engagement – to intersect effectively with contemporary and long-term economic, social, and political challenges faced by universities at global level. 

You are a participant in South African society before you are a staff member or student

Prof Twala responded to the topic by saying: “In order to understand a university’s governance, student politics, and activism, it’s also important to historicise the impact and political influence that governmental structures in South Africa continue to have on higher education institutions.” 

He unpacked his argument by highlighting the importance of engaged scholarship within universities when the South African society is threatened by occurrences such as the riots that took place in KwaZulu-Natal and Gauteng in July as a result of political failures in government. 

“If there are social ills and problems at community level, you cannot divorce yourself from such, because they have an impact at your place of work or learning,” he explained. 

Prof Twala further highlighted the provision of higher education in SA as political, and that universities should move according to the ideological times and changes experienced across the country to understand what governance within higher education spaces should look like.

Prof Petersen reflected on the role of higher education institutions as catalysts for social change and the collective responsibility they have in solving the key challenges of poverty, inequality, unemployment, and violence in societies.
According to Prof Petersen, the crucial role that universities need to fulfil is often impacted by political influence exerted on university governing structures. “Therefore, student governing structures, in particular, are often vulnerable to political pressure that results in different tensions and challenges in the higher education system,” stated Prof Petersen. 

Complexities regarding language policy in university governance at a time of political transition
Prof Giliomee reflected on the complexities regarding language policy in university governance at a time of political transition, by unpacking the negotiations among higher education institutions regarding the implementation of a new language constitution in South Africa – and the absence of pertinent proposals from universities concerning their future role and functioning in society. 

Prof Giliomee argued that universities, separately or collectively, did not try to promote understanding of how the new South African state could meet the demands for higher education in a multilingual society. While enjoying the highest prestige, English was not in effect the optimal medium of instruction for the country.

The involvement of government in university governance is necessary and inevitable

Prof Madonsela, who is also the founder of the Thuma Foundation – an independent democracy leadership and literacy public benefit organisation – and a widely published author, discussed the role of the South African government in mandating leadership, governance, and protocol from a national level so that higher education institutions can follow suit. 

“Government is a custodian of the constitution,” Prof Madonsela stated before explaining the principles that should oversee government’s involvement in university leadership structures.  

She modelled the eight (8) standards of good governance as identified by the United Nations, being participation; rule of law; transparency; responsiveness; equality and inclusivity; consensus orientation; effectiveness and efficiency; and accountability, as a sounding board for the South African government itself, through to university management structures – prevailing through the basis of South Africa’s own constitution. 

Prof Madonsela further underlined the importance of ethics in the overall society that South Africa is building as a nation, by discussing the necessity of understanding democratic value, social justice, and fundamental human rights – not only within university governance and governmental structures, but also within the population.

News Archive

Council on Higher Education LLB qualification review not yet complete
2017-05-16

The reaction from various stakeholders following the ‘Outcomes of the National Review of the LLB Qualification’ by the Council on Higher Education (CHE) on 12 April 2017 requires the CHE to clarify that the national review process has not been completed and is ongoing.

The peer-review process conducted under the auspices of the CHE is based on the LLB Standards Document which was developed in 2014-2015 with input from higher-education institutions and the organised legal profession. Following self-review and site visits by peers, the process is now at the point where commendations and shortcomings have been identified, and the statement of 12 April reflects those findings. All law faculties and schools have been asked to improve their LLB programmes to meet the LLB Standard, and no LLB programme has been de-accredited. All institutions retain the accreditation they had before the Review process began and all institutions are working towards retaining their accreditation and improving their LLB programmes.

The South African Law Deans’ Association (SALDA) has issued a set of responses regarding the LLB programme review. The following questions and answers were published to give more clarity on the questions raised.

1.    What is the effect of a finding of conditional accreditation?
The programme remains accredited.

(“Accreditation refers to a recognition status granted to a programme for a stipulated period of time after an HEQC evaluation indicates that it meets minimum standards of quality.”)

The institution must submit a progress report by 6 October 2017 that indicates how short-term aspects raised in the HEQC reports have been addressed and an improvement plan to indicate how longer-term aspects will be addressed.

2.    What is the effect of a finding of notice of withdrawal of accreditation?
The programme remains accredited.

The institution must submit an improvement plan by 6 October 2017 to indicate how the issues raised in the HEQC report will be addressed, including time frames.

3.    How does the finding of notice of withdrawal affect current students?
Students currently enrolled for the LLB programme at any institution are not affected at all. They will graduate with an accredited qualification.

4.    How does the finding of notice of withdrawal affect new applicants?
The programmes remain accredited and institutions may enrol new students as usual. This also includes students completing BA/BCom (Law) programmes who wish to continue with the LLB programme.

5.    How does the finding of notice of withdrawal affect prior graduates?
Degrees previously conferred are not affected.

6.    What happens when the improvement plans are submitted in October 2017?
The CHE will evaluate the plans when they are submitted, and the programmes remain accredited until a decision is taken whether the improvement plan is sufficient and has been fully given effect to or not. The institutions will have to submit progress reports to the CHE indicating implementation of measures contained in the improvement plan.

Should a decision at some stage be taken that a programme’s accreditation must be withdrawn, a teaching-out plan would be implemented so that all enrolled students would have the opportunity to graduate with an accredited degree.

For more information on the CHE’s pronouncement please contact Moleboheng Moshe-Bereng on MosheBerengMF@ufs.ac.za.

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