Governance structures of the NWU
Council
The Council governs the NWU through the adoption of purpose and value statements, strategic plans and policies, as well as the Statute, the rules, processes and delegations of authority. Furthermore, Council monitors the operational performance of management and establishes committees and, together with Senate, joint committees, to ensure that the NWU achieves its purpose and values.
Executive Committee
The Executive Committee deals with important governance matters between meetings of the NWU Council and also acts as a Council membership committee.
P&CEE
The People and Culture and Employment Equity Committee (P&CEE) advises Council on all matters relating to people and culture (human resources) and employment equity.
Extended Executive Committee
The Extended Executive Committee discusses high-level issues, monitors the relevance and responsiveness of the NWU Quality Manual, monitors the effectiveness and efficiency of the implementation of Council action plans formulated in response to internal and external evaluations, and serves as monitoring and evaluation platform for implementation of Council resolutions.
Remuneration Committee
The Remuneration Committee assists Council in carrying out its responsibilities regarding a fair and responsible remuneration philosophy and its implementation.
Transformation Oversight Committee
The Transformation Oversight Committee advises Council on the implementation of the transformational aspects of the Annual Performance Plan.
Student Oversight Committee
The Student Oversight Committee advises Council on all relevant student matters.
Finance Committee
The Finance Committee advises Council on financial and investment matters and on longterm infrastructure development at the NWU (also through obtaining specialist advice from the Assets, Tender and Investment subcommittees).
Audit, Risk and Compliance Committee
The Audit, Risk and Compliance Committee advises Council on the safeguarding of the NWU’s assets, the maintenance of adequate accounting records, the development and maintenance of an effective system of internal control, overseeing management’s role in creating and maintaining a proper risk management process, and authorising the annual audit fee of the external auditors. It also provides a channel of communication between Council, management, the internal audit function and the external auditors.
Tender Committee
The Tender Committee advises the Council on matters related to governance and oversight as these pertain to the NWU’s procurement processes and ensures that these are fair, equitable, transparent, cost-effective and compliant to all relevant regulations and rules.
Student Representative Council
The Student Representative Council is the duly elected body within Student Life that oversees the management of organised student life and represents students on various governance structures.
Social and Ethics Committee
The Social and Ethics Committee provides oversight and guidance in assisting Council to develop an understanding of management and oversight with regard to the positioning of the NWU as an integral part of the society in which it functions.
Senate
The Senate is responsible for regulating all teaching-learning, research and academic support functions, as well as for determining academic policies and rules.
Student Housing Committee
The Student Housing Committee provides strategic direction in regard to the NWU’s pursuit towards a clearly differentiating student-value proposition as contained in the NWU Strategy 2015 to 2025 in regard to matters related to the provisioning of student housing.
Convocation
The Convocation is the body of alumni that is constituted with the aim of creating a link between the university and its corps of alumni. It also designates four members to serve on Council.
TI Governance Committee
The Technology and Information Governance Committee assists Council with the governance of all information technology aspects at the NWU.
Human Rights Committee
The Human Rights Committee advises the Council on various matters pertaining to human rights and social justice. This includes ongoing advocacy efforts related to human rights, such as addressing incidents of gender-based violence, racism, intolerance, and discrimination.
Institutional Forum
The Institutional Forum advises Council on the implementation of the Higher Education Act and national higher education policies, as well as on the fostering of a university culture that promotes tolerance, respect for human rights and an environment conducive to learning, teaching and research.
Committees supporting Council
All Council committees are formally constituted, have terms of reference and consist of a majority of Council members who are neither employees nor students of a public higher education institution. The Council and its committees are chaired by external independent members with the necessary expertise and skills.
Quality manual, external review and improvement plan
The NWU Council Quality Manual provides the monitoring mechanisms to determine the effectiveness of Council’s activities and identify risks pertaining to its functioning. The manual is based on the norms prescribed by the DHET Governance Scorecard.
An external review of Council was concluded in 2022. Click here for more details.
COUNCIL STATEMENT
ON SUSTAINABILITY AS VALUE ADD
At the NWU we define sustainability as the ability of the university to create value in the short, medium and long term by promoting a stakeholder-inclusive approach to developing a strategic response to the risks and opportunities faced. We consider material matters, whether financial or non-financial in nature.
Statement approval obtained from the NWU Council on 22 June 2023.
Refer to our materiality determination process.
Ethics in action
COUNCIL STATEMENT
ON ETHICS AND VALUES
The NWU Code of Ethics commits the university to the highest standards of integrity, behaviour and ethics in dealing with all its stakeholders and society at large.
We expect Council members and staff to observe the NWU’s ethical obligations in order to conduct its business through the use of fair and commercially competitive practices.
The values statement in the NWU Strategy 2015 to 2025 determines that the NWU will foster engaged and caring staff and students and will embed the following foundational values that are based on the constitutional values of human dignity, equality and freedom:
- Ethics in all endeavours
- Academic integrity
- Academic freedom and freedom of scientific research
- Responsibility, accountability, fairness and transparency
- Embracing diversity.
Statement approval obtained from the NWU Council on 22 June 2023.
Ethical leadership and corporate citizenship
The university’s leadership at all levels of governance and management is based on integrity.
In November 2022, Council approved the reviewed NWU Code of Ethics, which gives expression to the university’s ethics strategy.
Another milestone in for ethical leadership and corporate citizenship was the approval of the ethics management plan, summarised below.
Strategic focal area 1:
Governance and management commitment to ethics
Ensuring ethics risks receive attention at both management and governance levels through regular discussion of the risks and reporting.
Strategic focal area 2:
Ethics accountability
Putting the right structures and reporting in place to facilitate the governance and management of ethics, developing clear, enforceable policies and ensuring fair and consistent accountability when the ethical standards are not met.
Strategic focal area 3:
Ethics talk and awareness
The degree to which employees are familiar with ethics and ethical conduct, know what is expected of them regarding ethical behaviour and feel comfortable to address ethical concerns with peers and leadership.
Behavioural manual for staff
The NWU has a behavioural manual that is governed by the Labour Relations Act to maintain harmonious workplace relations, fair labour practices, mutual respect, fairness an effective operations.
Matters dealt with in 2022
Disciplinary action was taken against 53 employees across the NWU in 2022. Of these cases, 37 were serious enough to warrant disciplinary hearings where dismissals could potentially be the appropriate sanction.
Nine employees had their services summarily terminated. One employee retired, seven employees resigned with immediate effect, one was found not guilty and the remainder received written warnings. Eight CCMA cases were dealt with successfully.
Ombud office for language
The Language Directorate strives to resolve language matters directly or as close as possible to the point where these originate so that they do not escalate.
Reporting can be directed to the Ombudsman in the Language Directorate via any of the NWU reporting channels or directly via email to the Ombud. Reported matters are investigated, resolved and reported on.
Dealing with sexual harassment
Three sexual harassment cases were reported for the year under review.
Matters dealt with in 2022
In one case, the perpetrator resigned when he was served with the notice of the allegations. In another, the complainant withdrew from the case after both parties agreed that there had been a misunderstanding; in the final case, the employee was dismissed.
Matters reported by employees or the public
The NWU has a Policy on the Reporting of Maladministration and Irregularities and the Protection of Disclosure. Reports are received via reporting boxes placed on the campuses or via email to REPORT-FRAUD@nwu. ac.za.
Matters dealt with in 2022
Three reports were received via the reporting boxes for 2022, compared to zero in the previous year. We also received internal requests/referrals.
Ongoing investigations
Internal Audit plays an important role in the ongoing investigation of suspected irregularities.
Matters dealt with in 2022
One investigation from the 24 investigations conducted in the previous year was still being investigated in 2022. A total of 33 investigations were completed in 2022 while 22 were in progress.
Fighting fraud
After verifying the facts of the reported irregularities, Internal Audit handed several investigations over to the prosecuting authorities. The unit presented a number of fraud awareness sessions at the different campuses.
Matters dealt with in 2022
In terms of reporting cases to the authorities, there has been a slight improvement in our working relationship and the assistance we receive.
It is difficult to quantify the amounts involved in the cases we hand over to the authorities but we estimate this to be in the region of R33 000. Most of the cases involved forgery and uttering and misappropriation of assets.
Face-to-face anti-fraud awareness sessions were held at each campus, in line with our Anti-Fraud Strategy.
Internal Audit proactively and continually monitors procurement and payroll transactions, and runs various tests, the results of which are regularly reported to operational managers.
Compliance with laws, codes and standards
The NWU runs compliance self-assessments and monitoring according to a three-year rolling plan.
Matters dealt with in 2022
Compliance with 12 pieces of legislation was self-assessed in 2022. They include the Protection of Personal Information Act, Prevention of Counterfeiting and Currency Act, Pharmacy Act, Health Professions Act, Cyber Crimes Act, Measurement Units and Measurement Standards Act, Rental Housing Act, Promotion of Administrative Justice Act, Unemployment Insurance Contributions Act, National Credit Act, Medicines and Related Substances Act and Local Government Municipal Property Rates Act.
Monitoring was also scheduled for 19 pieces of legislation, including the Value-added Tax Act, Electronic Communications and Transactions Act, Skills Development Act, Trade Marks Act and Tobacco Products Control Act.
Promotion of Access to Information Act requests
The NWU complies with the Promotion of Access to Information Act (PAIA) of 2000 and the Protection of Personal Information Act (POPIA) of 2013.
Matters dealt with in 2022
For the first time, we submitted a section 32 report under POPIA to the Information Regulator. Previously, reports were submitted to the South African Human Rights Commission.
The NWU received 148 PAIA requests in 2021/22. Of these, 132 were granted in full, 10 were refused in full, one was partially refused, and one was refused because of an internal appeal process.
During 2022, the NWU implemented a new and improved system to manage PAIA requests and POPIA data breaches.
We also appointed an Information Governance Coordinator to oversee the implementation of the NWU’s Information Governance Framework.
Providing integrated assurance
The Combined Assurance Forum (CAF) is responsible for providing an adequate and effective control environment and to ensure the integrity of reports.
In 2022, the CAF finalised a risk assurance map for the NWU and ensured that first and second-level risk assurance was undertaken on all risks on the Strategic Risk Register with a risk rating of 8 and above.
The forum also assisted the Audit, Risk and Compliance Committee to fulfil its responsibility in giving assurance to Council.
Human rights matters
The Human Rights Committee did not meet during 2022 as no matters were reported for discussion.
Council approved the reviewed terms of reference of the Human Rights Committee twice in 2022, first in March and again in November 2022.
Council resolved in November 2022 that the Human Rights Committee would become a Council committee as of 2023 to ensure governance direction and oversight on important matters relevant to GBV, racism and related issues.
The composition of the Human Rights Committee was adapted in 2022 and now includes Council representation.
Human rights engagements
The Mahikeng Campus hosted the US Ambassador in a speaking engagement to discuss the role of academia in democracy and human rights on 4 October 2022.
In 2022, two NWU students – Africa Thaba from the Mahikeng Campus and Denise Geel from the Potchefstroom Campus – represented the NWU at the 31st Christof Heyns African Human Rights Moot Court Competition. The competition took place at British University in Cairo, Egypt from 25 to 30 July 2022.
This annual event brings together all law faculties in Africa, whose top students argue a hypothetical human rights case as if they were before the African Court on Human and Peoples’ Rights.
Council statements
The following Council statements can be found here:
- Council statement on going concern
- Council statement of financial controls outside financial statements
- Council statement on financial health and viability
- Council statement on tenders
- Council statement on contract management, SLAs and monitoring of suppliers’ performance
- Statement on penalties, sanctions and fines