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

Chapter 2 : Council on Higher Education

8. Composition of CHE

 

(1) The CHE consists of—
(a) a chairperson;
(b) ordinary members;
(c) co-opted members; and
(d) non-voting members.

 

(2) The selection of the chairperson, ordinary members and co-opted members must be undertaken in such a manner as to ensure, insofar as is practically possible, that—
(a) the functions of the CHE in terms of this Act are performed according to the highest professional standards;
(b) the membership taken as a whole—
(i) is broadly representative of the higher education system and related interests;
(ii) has deep knowledge and understanding of higher education and research;
(iii) appreciates the role of the higher education system in reconstruction and development; and
(iv) has known and attested commitment to the interests of higher education;
(c) due attention is given to representivity of the CHE on such relevant grounds as race and disability; and
(d) the members contemplated in subsection (1)(b) and (c) consist of equal numbers of women and men.

 

(3) The Minister must by notice in the Gazette and in two national newspapers circulating in every province of the Republic, and by any other means regarded necessary by him or her invite nominations for the chairperson and the ordinary so members of the CHE from—
(a) the public;
(b) national organisations representing students, academic employees, employees other than academic employees, university principals, technikon principals, principals of higher education colleges, principals of private higher education institutions, the further education sector, the distance education sector, educators, organised business and organised labour;

[Section 8(3)(b) amended by section 2 of Act No. 63 of 2002]

(c) research and science councils; and
(d) non-governmental organisations.

 

(4) The Minister must consider the nominations as contemplated in subsection (3), and from the persons so nominated, the Minister must appoint—
(a) the chairperson of the CHE; and
(b) no more than 13 ordinary members of the CHE.

 

(5) At least three of the members contemplated in subsection (4)(b) must be external to the higher education sector and must be appointed on account of their particular experience and expertise.

 

(6) The Minister must appoint eight non-voting members of the CHE nominated by the Director-General, the Provincial Heads of Education, the Director-General of the Department of Science and Technology, the Director-General of the Department of Labour, the National Research Foundation established in terms of the National Research Foundation Act, 1998 (Act No. 23 of 1998), and the chief executive officers of SAQA and the other quality councils, in their official capacities.

[Section 8(6) amended by section 4 of Act No. 39 of 2008]

 

(7) The CHE may co-opt no more than three members.