Free higher education may be on the cards, as President Zuma appoints commission

As the protest against paying fees of higher institutions continues, President Jacob Zuma announced that he has appointed a Commission of Inquiry in terms of Section 84(2)(f) of the Constitution of the Republic of South Africa, 1996.

The Presidency said in a statement that the Commission will be chaired by the Honorable Justice Jonathan Arthur Heher, a former judge of the Supreme Court of Appeal. Judge Heher will be assisted by Advocate Gregory Ally and Thabisile Khumalo as Commissioners.

The statement points out that the Commission shall inquire into, make findings, report on and make recommendations on the following:

• The feasibility of making higher education and training fee-free in South Africa, having regard to:

(a) the Constitution of the Republic of South Africa, all relevant higher and basic education legislation, all findings and recommendations of the various Presidential and Ministerial Task Teams, as well as all relevant educational policies, reports and guidelines;

(b) the multiple facets of financial sustainability, analysing and assessing the role of government together with its agencies, students, institutions, business sector and employers in funding higher education and training; and

(c) the institutional independence and autonomy which should occur vis-a-vis the financial funding model.

• The Commissions Act, 1947 (Act No. 8 of 1947), shall apply to the Commission, subject to such modifications and exemptions as may be specified by proclamation

from time to time.

• The Commission shall submit interim reports and recommendations to the President whenever it is necessary.
• The Commission must complete its work within a period of eight months from the date hereof and must submit its final report to the President within a period of two months after the date on which the Commission completes its work.
• Regulations will be made in terms of the Commissions Act, 1947 and will apply to the Commission to enable the Commission to carry out its investigation properly and to facilitate the gathering of information by conferring on the Commission such powers as are necessary including the power to enter premises, secure the attendance of witnesses and compel the production of documents.
• The terms of reference may be amended at any time in consultation with the Commissioners.
• All organs of state, institutions and stakeholders are required to cooperate fully with the Commission.