Institutional autonomy and the administration of student disciplinary processes in public HEIs

Abstract

South African public Higher Education Institutions (HEIs) enjoy a great amount of institutional autonomy that allows them to govern their own affairs. Institutional autonomy is enabled by the Higher Education Act 101 of 1997, which permits HEIs to develop institutional student disciplinary rules without the requirement of state approval. Institutional autonomy, however, can lead to inconsistencies in the administration of student discipline across HEIs and create the risk of violation of students’ right to administrative justice. This article examines the tension between institutional autonomy and administrative justice in student disciplinary proceedings, analysing key review cases wherein students and, in certain cases, former students litigated against their HEIs. The analysis reveals that while institutional autonomy allows HEIs to tailor their disciplinary processes, it may also result in legal uncertainty and perceptions of bureaucratic inertia that trigger student unrest. The article argues for legislative reform as a necessity to harmonise the administration of student discipline across HEIs.