Eastern Cape Higher Education Association

EASTERN CAPE HIGHER EDUCATION ASSOCIATION CONSTITUTION

R/99/97
(Previously R/11/97)
1. FOUNDATION
2. MISSION
3. STRATEGIC FOCUS
4. MEMBERSHIP AND FUTURE PARTICIPATION
5. PRINCIPALS
6. FORM AND STRUCTURE
7. PROCESS
8. FUNDING
9. DISSOLUTION OF THE ASSOCIATION
10. DEFINITIONS

1. FOUNDATION

We, the institutions of higher learning in the Eastern Cape Province, have worked together since 1988 to create a climate of mutual trust and to develop a positive attitude towards co-operation in areas of mutual benefit.

This co-operation has, in the past, been based on the good faith between the participating institutions. However, we now acknowledge the need to formalise these co-operative arrangements. Some of the reasons for this step are listed below:

The National Commission on Higher Education is presently addressing many of these issues and we are also aware of creative initiatives at specific institutions in the province. While these national and provincial actions are ongoing it is still not clear as to the strategy to be adopted to position the specific tertiary institutions’ role and functions in a future higher education system. We therefore regard it is of vital importance to formalise our present process of co-operation among institutions in the Eastern Province.

We, the founding members, support this initiative to establish formal structures to promote the co-ordinated development of higher education in the Eastern Province and hereby establish the Eastern Cape Higher Education Association, hereafter referred to as the Association.

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2. MISSION

As an Association of Universities and Technikons, working in partnership with all stakeholders in the Eastern Cape, we optimise the region’s higher education resources, equitably and effectively, to meet the educational requirements which are linked to the human, social and economic development needs of the region and of South Africa.

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3. STRATEGIC FOCUS

In pursuance of its mission the Association shall focus on:

  1. Partnerships Establish partnerships in higher education involving all the universities and technikons as well as colleges in the region.
  2. Key Player Establish higher education as a key player in the province’s economy and the development of its community.
  3. Policy Seek agreement on core values and broad policy frameworks.
  4. Process Seek agreement on the processes which will achieve an articulated approach to education and training.
  5. Structures Establish and maintain formal structures to facilitate the Association’s activities.
  6. Activities Initiate projects and activities directed at achieving the aims of the Association.

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4. MEMBERSHIP AND FUTURE PARTICIPATION

In the first instance, the signatories of the Statement of Intent and the Constitution shall constitute the Board of management of the Association. One representative principal/rector of each of the following college sectors : teacher, technical, nursing and agricultural, shall serve on the board as a participant observer. The admission of subsequent members shall be determined by the Board on the basis of an application and recommendations made to it and with due regard to the principal of inclusitivity. The Board shall assess eligibility for membership on the following basis:

  1. Participation in the Association shall be open to institutional providers of higher education operating in the region.
  2. A member may at any time terminate its membership of the Association, subject thereto that:
  3. Six month’s notice of such termination shall be given to the Board in writing;
  4. The withdrawing member shall make a financial contribution to the Association to recompense it for obligations the member may have towards the Association, the amount of which shall be determined by the Board on the grounds of contributions to overhead costs, ongoing projects at the time of withdrawal, etc;
  5. If the Board and the withdrawing member cannot reach agreement on recompense payable, the matter shall be submitted for arbitration to a practising advocate to be agreed upon by the Board and the member.
  6. Participants in the Association shall subscribe to the content of the Statement of Intent and this Constitution.
  7. Provision shall be made to accommodate further members.

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5. PRINCIPALS

The Association shall operate in accordance with the following principles:

5.1 Inclusivity

Participation in the Association shall be inclusive of all stakeholders as described in 4.

5.2 Consensus-Seeking

The Association shall be a body which strives to reach consensus.

5.3 Authority

The authority of the Association rests in its capacity to create implementable and effective policies with wide approval among stakeholders.

5.4 State Responsibility

The responsibility for the management of the respective institutions remains with the designated structures of governance and management within the institutions.

5.5 Effectiveness

The Association should be constructed in such a way as to include eligible institutions and yet be capable of effective decision-making.

5.6 Transparency and Information

5.6.1 The Association shall use all appropriate means to ensure that it functions in a transparent and publicly accountable manner.
5.6.2 Every suitable opportunity shall be used to inform the public of the work of the Association.
5.6.3 Institutions which are part of the Association shall not unreasonably withhold relevant information from it.
5.6.4 Unless media statements are jointly agreed upon, or made by the Director, they must be made in the capacity of an individual institution.

5.7 Mandating

The needs of the parties to consult their constituencies adequately and obtain appropriate mandates shall be respected. In this regard parties shall respect reasonable deadlines.

5.8 Accountability

The existence of the Association does not deprive any party to freedom of action in its own sphere of responsibility or of its accountability to the government of the day, or to the people of South Africa for the manner in which it carries out its responsibilities.

5.9 Race and Gender

Selection of members of the Board and sub-committees should be sensitive to race and gender balance.

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6. FORM AND STRUCTURE

The need to be inclusive and yet be capable of taking effective decisions and action requires that the Association should have a structure and procedures which ensure representation and effectiveness. Accordingly, the Association shall be structured as follows:

6.1 Board

The Board shall consist of the Chief Executive Officer or his/her nominee of each participating University and Technikon as members. The Director shall also be a member of the Board. The representatives of the college sectors shall be participant observers.

The Board shall be the highest decision-making body of the Association.  The Board shall have the right to delegate powers to any committees which it may from time to time establish. The Board shall meet as regularly as required. All decisions of principle and policy must be ratified by the Board.

The functions of the Board shall be:

6.1.1 to agree on the framework of values for the Association’s activities.
6.1.2 to deliberate and seek agreement on any matter relating to the Intent and mission, and to refer any such issues for further deliberation by appropriate sub-committees.
6.1.3 to receive, debate, amend and/or approve proposed measures which may arise on the basis of submissions by the committees, submissions by outside parties, or research undertaken on the instructions of the Board.
6.1.4 to monitor commitments made to the Association by the member institutions.
6.1.5 to monitor and amend where necessary the Association’s Statement of Intent or other aspects contained in the Constitution.

6.2 Executive Committee

An Executive Committee consisting of the Chairperson and Vice- Chairpersons of the Board and the Director, shall be responsible for the day-to-day management of the affairs of the Board.

6.3 Other Committees

The Board shall establish sub-committees to investigate various matters which the Board believes will advance the work of the Association. Such committees may include specialists who are not members of the institutions. The terms of reference, composition and procedures of the committees shall be determined by the Board. The Director shall also co-ordinate the work of the committees to ensure effective and efficient use of resources.

6.4 Chairperson/s

6.4.1 The Chairperson and Vice-Chairperson of the Board shall each be elected by the members of the Board for a term of office of one year.
6.4.2 Meetings of the Association will be chaired by the Chair of the Board.

6.5 The Secretariat

6.5.1 The Secretariat shall be composed of the Director and the Administrative Assistant.
6.5.2 The Secretariat shall provide logistical and administrative support to the Association and all its operating structures.

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7. PROCESS

7.1 Agenda

Any party to the Association shall be entitled to table any issue for consideration. 

7.2 Consensus

The Association shall aim to reach consensus through investigation, reason and debate on issues accepted for discussion. The Board shall strive to reach unanimous agreements about issues under discussion.

Should unanimity not be reached the principle of sufficient consensus shall be accepted. Agreement reached by consensus or sufficient consensus shall be upheld by those members who support or subscribe to the agreement. Provision shall be made to record dissenting views.

7.3 Liaison with other Forums

The Association will liaise on matters of common interest, with other negotiating advisory, consultative, or governance forums at national, regional, local or sectoral level.

7.4 Procedures

7.4.1 Agreements

Agreements may be reached on primary matters. All primary matters as defined in paragraph 10.6 shall be determined by agreement in terms of the rules of consensus as defined in paragraph 10.1.

7.4.2 Decisions

Decisions on matters of secondary nature, as defined in paragraph 10.7 shall be determined by decisions taken on the basis of a simple majority of members present, except in the case of the following issues which shall require a 75% majority for a decision to be effective:

  1. amendments to the Constitution

  2. admission of members to the Board

  3. dissolution of the Board
7.4.3 Chairperson’s Ruling

Prior to any issue reaching the stage of agreement or decision, the Chairperson shall in cases where there is uncertainty about the status of a matter, rule whether the matter is to be treated as a primary matter for agreement or as a secondary matter for decision. Provided such ruling is issued prior to a decision or agreement being reached, it shall be final and binding on all members for all purposes of the Constitution.

7.4.4 Procedures for Reaching Agreement on Primary Matters

Primary agreements shall be handled in the following manner:

7.4.4.1. Tabling at the Board

Members and their representatives shall give due notice, as defined in paragraph 10.2, of any major proposal or issue to be tabled for discussion. Any primary matter on which discussion has reached the stage where agreement is required, shall be referred to the Secretariat for attention.

7.4.4.2. Procedures Sub-Committee

The Board shall constitute a sub-committee to investigate the issue in question and prepare a draft agreement which shall include recommendations on the implementation of the matter.

7.4.4.3. Ratification by Board

The provisions of the draft agreement, which include recommendations on the implementation of the matter, shall be provisionally approved by the Board, and referred for authorisation where the matter is of such a nature as to require this. The Board shall determine an appropriate authorisation period which respects the needs of the representatives, to consult respective structures within their institutions, as well as the need for urgency in all primary matters, as defined in paragraph 10.6.

7.4.4.4. Authorisation

The representatives shall consult with necessary structures within their respective institutions for authorisation to enter an agreement before the agreed date.

7.4.4.5. Board

The final authorised draft agreement shall be tabled by the Secretariat for consideration and approval by the Board. Once it has been approved in accordance with the principle of sufficient consensus, the agreement shall be considered final and binding and shall be referred for implementation.
7.4.5 Implementation and Monitoring

Sub-committees established by the Board shall be the primary mechanism for monitoring the implementation of agreements, and shall report from time to time to the Board on progress in implementation and make further recommendations should this be deemed necessary.

These sub-committees shall further be charged with the responsibility for resolving disputes on the implementation of agreements. Any member of the Board who believes that a party to an agreement is failing to implement the letter or spirit of the agreement shall be entitled to refer the matter to the specific sub-committee. That sub-committee shall be empowered by the signatories to the founding document to investigate and report on the matter to the Board.

7.4.6 Honouring of Agreements

All members of the Association shall commit themselves to the principle that agreements reached by the Board after proper mandating are binding on all those members who support or subscribe to these agreements, and that the spirit of these agreements will regulate the conduct of the members and their constituencies.

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8. FUNDING

  1. The Association shall establish an appropriate mechanism which will be responsible for mobilising and administering the necessary funds for servicing the needs of the Association in an effective, efficient and accountable manner.

  2. The Association shall have total discretion over the use of its funds in accordance with the founding principles and in pursuance of its agreed work programme. Such discretion may be limited by an agreement which the Association may choose to enter into with a funder/funders.

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9. DISSOLUTION OF THE ASSOCIATION

 The Board shall be empowered to dissolve the Association.

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10. DEFINITIONS

In this Agreement, clause headings shall not be taken into account in construing the contents thereof unless the context indicates otherwise, and

10.1

"consensus" means unanimous agreement by all members of the Board.  Where unanimous agreement cannot be reached, "sufficient consensus" means concurrence by the majority of the members, and in addition thereto, agreement by the parties essential to the implementation of a resolution taken in this manner;
10.2

"due notice" means notice given not less than ten days prior to the date of a meeting, provided that the Chairperson may in exceptional cases,where in her/his opinion sufficient reason exists therefore, approve a deviation from this provision to the extent that she/he may determine;
10.3 "Board" means the Board for which provision is made in paragraph 6.1;
10.4 "member" means an institution recognised by the Board as a member, either by its signature to the Statement of Intent or by subsequent resolution of the Board in terms of paragraph 4.3;
10.5 "representative" means the person or persons nominated by a member to represent it on the Board;
10.6

"primary matter" means an issue or matter which is directly related to the Intent and mission of the Association, and shall include all matters of a substantive nature relating to higher education and training policy and provision;
10.7

"secondary matter" means any procedural or administrative matter which is not directly related to the Intent and objectives of the Association, and which specifically concerns the efficient and effective functioning of the Association.

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