INSTITUTIONAL AUTONOMY AND THE ADMINISTRATION OF STUDENT DISCIPLINARY PROCESSES IN PUBLIC HIGHER EDUCATION INSTITUTIONS

Abstract

In South Africa, public higher education institutions (HEIs) enjoy a degree of institutional autonomy, allowing them to govern their affairs, including student disciplinary processes. This autonomy, enshrined in the Higher Education Act 101 of 1997, permits HEIs to develop internal disciplinary rules without direct state intervention. However, this autonomy can lead to inconsistencies in disciplinary practices and potential conflicts with students' right to administrative justice. This article examines the tension between institutional autonomy and administrative justice in student disciplinary proceedings, analysing key legal cases such as Sibanyoni v University of Fort Hare and Dyantyi v Rhodes University. The analysis reveals that while autonomy allows HEIs to tailor their disciplinary processes, it may also result in legal uncertainties and perceptions of bureaucratic inertia, potentially triggering student unrest. The article argues for a balanced approach that respects institutional autonomy while ensuring adherence to national legislation and constitutional rights, suggesting that legislative intervention may be necessary to harmonise disciplinary practices across HEIs.