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

Notices

Institutional Statute of the University of Fort Hare

Chapter 4 : Council

35. Fudiciary duty and conflict of interest of members

 

(1) A member of the Council stands in a fiduciary relationship to the University. Council is not a stakeholder body. Members vote according to their conscience and are under no obligation to report back on the activities of Council to the body that nominated or appointed them.

 

(2) In accordance with 27(7E)(a) of the Act, the Council must, after consultation with the Institutional Forum, adopt a code of conduct to which all the members of Council, all the members of committees of Council, all persons attending meetings of the Council and all other persons who exercise functions of the Council in terms of the Act or in terms of delegated authority must subscribe in writing.

 

(3) A member of the Council serves in an individual capacity and shall all times act in the best interest of the University, in good faith and with diligence, care and skill.

 

(4) If a member of the Council has a direct or indirect personal, financial or other interest in a matter to be discussed at a Council or Council committee meeting, and which entails or may entail a conflict or possible conflict of interest, she/he—
(a) declares the interest to the Council or Council committee once the meeting has been constituted and before any business is transacted; and
(b) recuses herself/himself (in consultation with the Chairperson) from the meeting during the discussion of the particular matter, decision-making and from voting thereon.

 

(5) In the event that any member of a committee with delegated functions has a conflict or possible conflict of interest in respect of a matter to be considered, the committee may not consider or take a decision on the matter but must refer it to the Council for a decision, having noted the member’s interest in the matter.

 

(6) A member of the Council who has grounds to believe that another member did not comply with the provisions of subparagraphs 35(1), (2), (3) and (4) must inform the Council or relevant Council committee.