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The performance of tertiary institutions is heavily influenced by their governance arrangements, management structures, accountability mechanisms, and the regulatory environments in which they operate. Institutional performance can be enhanced or diminished by the legal frameworks that condition institutional capabilities to respond, adapt and maintain flexibility in the face of change. This study analyzes the prevailing legal frameworks for university system governance, management, and accountability in Sub-Saharan Africa. It is based on a review of 70 legal documents from 24 African countries. For governance, the research looks at the size and composition of university governing boards, member appointment procedures, selection of the board chair, frequency of meetings, and terms of service. For management, it examines financial autonomy, budget approval authority, staff hiring and terms of service, and appointment procedures for senior officers. For accountability, it considers stakeholder representation in governing bodies, financial auditing requirements, academic auditing obligations, performance reporting, and performance-based funding. Overall, the study finds continent-wide tendencies to increase institutional autonomy, to strengthen accountability mechanisms, to shift from appointment to elective representation in the filling of higher governance and management positions, to favor merit over political affiliation in the criteria for choosing senior officers, and to expand university linkages with civil society, the private sector, and sister institutions in the region and beyond. The expansion of tertiary system buffer bodies and growing regulatory attention to private higher education are particularly notable phenomena.
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Legal Frameworks for Tertiary Education in Sub-Saharan Africa The Quest for Institutional Responsiveness
William Saint Christine Lao with Peter Materu
THE WORLD BANK
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Legal Frameworks for Tertiary Education in Sub-Saharan Africa The Quest for Institutional Responsiveness William Saint Christine Lao with Peter Materu
Africa Region Human Development Department
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Copyright © 2009 The International Bank for Reconstruction and Development / The World Bank 1818 H Street, N.W. Washington, D.C. 20433, U.S.A. All rights reserved Manufactured in the United States of America First Printing: September 2009 Printed on recycled paper 1234
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World Bank Working Papers are published to communicate the results of the Bank’s work to the development community with the least possible delay. The manuscript of this paper therefore has not been prepared in accordance with the procedures appropriate to formally-edited texts. Some sources cited in this paper may be informal documents that are not readily available. The findings, interpretations, and conclusions expressed herein are those of the author(s) and do not necessarily reflect the views of the International Bank for Reconstruction and Development/The World Bank and its affiliated organizations, or those of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank of the legal status of any territory or the endorsement or acceptance of such boundaries. The material in this publication is copyrighted. Copying and/or transmitting portions or all o