Legal Frameworks for Higher Education Governance in Sub-Saharan Africa

Abstract

This is a preliminary survey of the laws and statutes that determine governance arrangements for higher education systems as well as individual institutions in 24 countries of Sub-Saharan Africa. Following an overview of recent higher education governance trends within Africa, it describes the current range of practice and most common approaches set forth in foundation legal documents for national higher education with regard to autonomy, accountability, government control and stakeholder representation. Particular attention is given to the membership of governing boards, how board members are appointed, the selection of chairpersons, the nomination of chief officers in the universities, and the degree of institutional autonomy implied in the definition of these processes. Various mechanisms for insuring institutional accountability are also identified, including strategic plans, governing board composition, annual reporting requirements, financial and quality audits, and performance-based funding.

Implications of Policy and Legal Frameworks on Higher Education in Zambia

“…The policy demand for accountability is a clear assignment of responsibility for efficient use of resources to produce results and the mechanisms whereby this performance can be monitored (Saint and Lao 2009;Saint 2009). On balance, accountability mechanisms constitute feedback loops that enable decision makers at various levels of the HE system to receive information regarding its performance so that appropriate adjustments can be made in a timely manner.…”

“…On balance, accountability mechanisms constitute feedback loops that enable decision makers at various levels of the HE system to receive information regarding its performance so that appropriate adjustments can be made in a timely manner. From this perspective, accountability mechanisms are a critical aspect of institutional responsiveness, and they are therefore included within the scope of institutional assessments/audits (Saint 2009). The public HEIs are major recipients of government funds.…”

“…Zambia is implementing a number of reforms in the HE sub-sector. The performance of Higher Education Institutions (HEIs) in meeting public expectations is influenced by various factors, all of which can be enhanced or even diminished by the policy and legal frameworks that shape institutional capabilities to respond, adapt and maintain flexibility in the face of change (Saint and Lao 2009;Saint 2009). At the end of the twentieth century the national policy frameworks for HEIs underwent substantial reforms.…”

“…At the end of the twentieth century the national policy frameworks for HEIs underwent substantial reforms. These reforms stem from the policy and supporting laws but it is claimed that lack of scholarly interest in the legal frameworks for HE is particularly evident in the case of sub-Saharan Africa (SSA) (Saint 2009). In the emerging global economy advanced human capital has become a crucial factor in economic development and a central component of a nation's competitive advantage (Trow 2005).…”

“…Public university councils are being empowered to preside over university affairs without the need to obtain ministerial approval for their decisions. For example, these councils are empowered with freedom in the employment and dismissal of university staff, including senior management positions (Saint 2009). The shortage of research in the policy and legal frameworks for higher education is particularly evident in the case of sub-Saharan Africa (Ibid).…”