Ñî¹óåú´«Ã½ hosts annual Legal Advisers Forum
- Ñî¹óåú´«Ã½ University
The sector-wide forum was held in the Ñî¹óåú´«Ã½ Anglo American Digital Dome with a keynote by Professor Mervyn King.
Hosted by the Ñî¹óåú´«Ã½ Legal Office, the former Supreme Court Judge reflected on the development and evolution of the King Codes on Corporate Governance and the broad parameters now covered by King V.
The Legal Advisers engaged with King in relation to the relevance of the King V Code and the new Disclosures Framework as it pertains to the University’s business and reporting. They thanked King for the significant contribution he has made to governance both locally and globally and to society more broadly.
A panel discussion was followed by a presentation by Andrew Keightley-Smith, a Senior Associate at Edward Nathan Sonnenbergs, on financial malfeasance and the potential patterns and vulnerabilities within the sector. The presentation explored several key areas, particularly the potential risk of financial malfeasance within South African universities and explored why higher education institutions are especially vulnerable to this, mainly due to their complex structures, decentralisation, extensive procurement systems, and large-scale funding mechanisms. The presentation highlighted recent legislative developments, including the introduction of Section 34A of the Prevention and Combating of Corrupt Activities Act (PRECCA), which created liability for institutions that failed to prevent corruption, as well as the proposed Protected Disclosures Bill aimed at strengthening whistleblower protections and institutional accountability.
The presentation emphasised the need for universities to strengthen governance frameworks, procurement controls, whistleblowing mechanisms, due diligence processes, and anti-corruption compliance programmes. The overall message was that universities needed to adopt proactive and risk-based approaches to prevent financial misconduct and respond effectively to the evolving legal and operational risks facing the sector.
The Legal Advisers also engaged actively and substantively in relation to a presentation by Professor Nicole De Wet-Billings, the Senior Director: Academic Affairs and Professor Brett Bowman, the Head of Research at Ñî¹óåú´«Ã½, on the ownership of intellectual property in AI-assisted work. This was followed by an interesting discussion which pivoted around assessing the legal and academic implications of human contribution in AI-assisted work.
The second part of the session was led by Betina Fleming, the Head of Ñî¹óåú´«Ã½ Employee Relations, who focused on the application of standard labour law in an academic setting. Her presentation discussed why standard labour law did not always fit within the higher education sector, particularly in relation to the monitoring of academic performance. It explained that universities operated differently from traditional employers because they combined employment relationships with collegial governance, academic freedom, and institutional autonomy. A key theme was the tension between hierarchical management and collegial decision making, with academic staff being accountable both as employees and as members of a professional academic community. She flagged that this sometimes creates challenges in areas such as performance management, promotions, workload allocation, and disciplinary processes.
The presentation also highlighted the risks of applying corporate HR models too rigidly within universities. The presentation further emphasised the important role of Legal Services in interpreting labour law within the academic context and encouraged legal practitioners to provide context-aware advice, support early intervention, and ensure that governance processes aligned with the unique culture and structure of universities.
The closing presentation was led by Aidan Mylchreest, a Senior Legal Advisor from the Ñî¹óåú´«Ã½ Legal Office. An interactive discussion followed on how universities addressed matters involving mentally ill students from a legal perspective.
The session was closed by the Head of Legal Services at Ñî¹óåú´«Ã½, Tasneem Wadvalla who conveyed the important role which the Legal Advisor’s Forum plays in entrenching a community of practise and engagement on complex governance and legal matters affecting the sector.
“The Legal Adviser’s Forum is a valuable opportunity for legal advisers in the higher education sector to connect and discuss the challenges facing our institutions. The Forum creates a platform for the free exchange of ideas and allows colleagues from diverse institutions to share their experiences, ideas, and solutions to common issues. Ñî¹óåú´«Ã½ is proud to host the Forum and to play a role in its continued success,” said Wadvalla.