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

Notices

Institutional Statute of the University of Fort Hare

Chapter 12 : General and Transitional Provisions

82. Transitional provisions

 

(1) Persons holding an office in terms of the Statute that existed prior to the commencement of this Statute are deemed to hold office under the corresponding provisions of this Statute unless it is inconsistent with the Act or this Statute, in which case the term of office will be terminated with immediate effect.

 

(2) Any constituent part of the University which existed immediately prior to the publication of this Statute continues to exist, and function in terms of this Statute should it be necessary, until the day prior to the day when a new structure, reconstituted in terms of this Statute, becomes functional.

 

(3) As a transitional measure, the Administrator has the competence and the authority to take any appropriate steps to ensure the implementation of the Act, this Statute, any Institutional Rules, the reconstituting of the Council after the gazetting of this Statute and the authority to appoint the five external members of Council as provided for in subparagraph 27(a)(iii) above. Once the Council of the University of Fort Hare as set out in this Statute is constituted and operational, the Council shall have the power and authority to implement the provisions of the Act, the Statute and the Institutional Rules.

 

(4) Rules in force prior to the commencement of this Statute continue to apply until replaced by any provision of this Statute, or any rule that may be made in terms of this Statute.

 

(5) Any action, including a delegation of powers and functions to any functionary, committee or body, taken in terms of the Statute that existed prior to the commencement of this Statute is deemed to have been taken in terms of the corresponding provision of this Statute. Where there is no corresponding provision, such action will be referred to the Administrator until a new Council is constituted in terms of this Statute.

 

(6) There shall be no interruption in the legal personality of the University as it existed before and after the coming into operation of this Statute.

 

(7) Nothing in this Statute shall prevent the University from exercising its rights and duties that the University against any person or entity or which any person or entity had against the University prior to the coming into operation of this Statute, except as expressly provided for herein.