/ 12 November 1999

Bill to give Asmal new powers

Evidence wa ka Ngobeni

The Minister of Education, Kader Asmal, is likely to oust vice- chancellors at two prominent universities and appoint administrators to run the institutions in line with recommendations contained in a new Bill soon to be finalised by Parliament.

According to reliable sources close to Asmal, the universities of the North and Transkei are likely to be the first casualties of the new Higher Education Amendment Bill, which is currently being debated by the parliamentary portfolio committee on education.

The new Bill, which will be finalised by the portfolio committee by November 12, introduces key legislation measures that will allow Asmal to deal with slack university managers deemed to be abusing taxpayers’ money and mismanaging institutions of higher learning.

The Bill, tabled in Parliament in September, will give Asmal new powers to appoint administrators to run universities and technikons. It will also give the minister swifter powers to effectively intervene on crisis-hit campuses.

University councils have until now had the authority to deal with problems at universities and state intervention has been largely confined to commissions of inquiries and independent assessors.

But a clause in the new Bill states: “If an audit of the financial records of a public higher education institution, or an investigation by an independent assessor … reveals financial or other maladministration of a serious nature at a public higher education institution or the serious undermining of the effective functioning of a public higher education institution, the minister may … appoint a person as administrator to perform the functions relating to governance or management on behalf of the institution.”

The memorandum of the new Bill says: “During the past year an appalling lack of management capacity, especially financial management capacity, has come to light at some of the public higher education institutions.”

Although the universities of the North and Transkei are not the only troubled campuses on Asmal’s plate, education sources say the minister is concerned about the complete breakdown of authority at the two universities.

Asmal is also mulling over the findings of a preliminary forensic investigation appointed by former minister of education Sibusiso Bengu at the University of the North. The probe uncovered serious problems in the performance and financial irregularities of the University of the North.

“There is a need for an urgent intervention by the minister at the University of the North,” one department insider says.

Last week, Asmal met with a staff delegation from the University of the North, which is calling for the axing of vice-chancellor Biki Minyuku. In a memorandum submitted to Asmal, the University of the North’s Work Place Forum says all management decisions by Minyuku should be nullified at once due to lack of consultation.

The forum also complains about Minyiku’s salary package, believed to be in the region of R1,2-million. Judge Willem Heath’s special investigative unit is investigating the package.

The memo also demands “the reversal and withdrawal of new management structure as well as the subsequent appointments thereto, until a democratic process is put into place for the said appointments”.

But in a circular addressed to the university, Minyuku says: “I have been charged with the contravention of the Constitution of the Republic of South Africa, the Higher Education Act and statute of the University of the North by faceless and nameless individuals.

“Given the seemingly serious charges preferred against me via the minister of education all matters related to the processes leading to my appointment, package, as well as the appointment of my management team, are now our university council’s domains.”

Meanwhile, Asmal wants the entire University of the North’s council executive committee summoned to meet him before the end of next week. This meeting will give a clear picture to the minister on how to best deal with the problems at the University of the North, says Asmal’s representative, Bheki Khumalo.

According to education sources in Asmal’s office, the minister is also concerned about the University of Transkei’s management crisis. “With regard to the University of Transkei, the minister will definitely appoint an administrator,” says a source close to the ministry.

Asmal’s move is expected to end long- time trouble at the University of Transkei. Last year, Bengu appointed advocate Louis Skweyiya to investigate the troubled campus. Skweyiya’s report led to the departure of then rector Alfred Moleah.

And a drop in government funding in 1998 forced the University of Transkei to reshape its academic programmes, cut operations and seek retrenchments among its staff. This has come to a halt after the university council was dissolved in September. A new council is still to be constituted.

This year, the university constantly failed to meet its wage promises due to a massive cash flow crisis. In addition, the university also had a sharp fall of student numbers.

Khumalo says: “The minister is aware of the seriousness of the situation at some of the higher education institutions. He has been working very hard to find solutions to this problem.”

But Khumalo denied the minister has already planned to appoint administrators at the universities of the North and Transkei. Each university, says Khumalo, “will be evaluated accordingly and the minister will take careful consideration before appointing administrators to run universities”.