1. The engagement is in the first instance for a period not exceeding three years, such period being regarded as probationary. The committee of review may require the staff member to undergo medical examination.
2. It is terminable at any time within the said three years by six months' written notice on either side, provided that where the last day of the notice period would have fallen in January, the notice period be shortened so that the appointment terminates in December. Any departure from this provision will be at the discretion of the Executive Officer responsible for academic staff matters, and subject to the submission of grounds for such departure supported by the Head of Department and the Dean.
3. A committee of review decides whether the appointment is to be confirmed at the end of the probationary period. The University reserves the right to extend the probationary period, should this be in its interests. The committee of review may require the staff member to undergo medical examination. Previous temporary full-time service at the University of Cape Town may be taken into account to satisfy part of the probationary service requirement.
4. The engagement is terminated if not confirmed at the end of the probationary period.
5. Should the appointment be confirmed at the end of the probationary period, the staff member thereafter may terminate it subject to giving six months' notice, in writing. Where the last day of the notice period would have fallen in January, the notice period will be shortened so that the appointment terminates in December. Any departure from this provision will be subject to the approval of the Head of Department supported by the Dean and Executive Officer.
6. The University Council may terminate the staff member's appointment by giving him/her at least six months' notice in writing, or by relying upon its rights at common law. If the staff member is found to be unsatisfactory, the University Council may terminate the appointment or take other action only for good cause and in accordance with the prescribed procedure. "Good cause" means

   1. failure, through physical or mental incapacity, or through inability, unsuitability or persistent neglect of the staff member, to perform the duties of his/her office properly, and/or
   2. misconduct of such a nature as to render the staff member unfit to continue to hold his/her office.

7. The appointment terminates at the end of the academic year in which the staff member reaches the age of 65. (A staff member may elect to retire at any time after the age of 55 provided he/she gives the required six months' notice, and the Council approves the retirement). Staff are however encouraged to give at least a year's notice of their intention to retire. Council may invite the staff member to continue working for the University for an additional academic year, depending on the staffing needs and funding situation at the time.

Procedures

1. Introduction

1.1. There is a joint committee of Senate and Council, known as the committee of review, the function of which is to liase with a reporting officer and gather evidence in order to make recommendations to the University Council on whether an appointment is to be confirmed or not.

1.2. The powers of committees of review relate to all members of the academic staff whose appointments are subject to a probationary period.

1.3. Every academic member of staff whose appointment is subject to review shall be informed in writing, at the time he/she is offered the appointment, of the rules and procedures relating to probationary appointments.

2. General rules

2.1. Academic appointments are in the first instance for a period of not more than three years. This period is regarded as probationary.

2.2. The presumption is that the appointment will be confirmed at the end of the probationary period. Confirmation may be withheld if, after the prescribed procedures determined by Council and Senate have been followed, the staff member is found by the Council to be unsuitable.

2.3. If the appointment is confirmed, it becomes permanent.

2.4. Previous full-time service at the University of Cape Town may be taken into account to satisfy part of the probationary service requirement, in terms of the following:

1. The staff member must serve at least 12 months of his/her probationary period. Accordingly, at most, 24 months' full-time previous service may count toward the probationary period.
2. If previous full-time service at the University is to be recognised towards a probationary period, it must have been continuous and have occurred immediately prior to the probationary appointment.
3. The service must have been in a full-time post of the same kind and must have involved a similar range of duties.

2.5. If a member of the academic staff is appointed to an established senior position while he/she is still serving the first probationary period, he/she will be required to complete the initial probationary period. At the end of this period the appointment to the established senior position will be confirmed or otherwise. A member of the academic staff who has had his/her appointment confirmed will not be required to serve a further probationary period on subsequent appointments, provided that their service at the University is continuous..

2.6. Members of the joint medical staff on PGWC conditions of service who have served for a number of years and who are then appointed to chairs on University conditions of service are eligible for exemption of up to two years on the probationary period..

3. The membership of the committee of review (see paragraph 1.1 above), the identity of the reporting officer, and the procedure to be followed are set out below.

3.1. The committee of review (COR) consists of five persons made up as follows:

1. A Deputy Vice-Chancellor appointed by the Vice-Chancellor (Chair).
2. the Dean or a Deputy Dean of the faculty concerned. If both the Dean and the Deputy Dean are unable to serve in terms of the rules or are otherwise unavailable (or if the Dean is the person under review) their place on the committee shall be taken by a Professor, preferably from the same faculty, who shall be nominated by the Vice-Chancellor.
3. A member of the academic staff who has been confirmed in his/her appointment, with a qualification in law, chosen by the Vice-Chancellor.
4. A person chosen by the Vice-Chancellor from the Senate panel of 12.
   (Note: A panel of 12 academic staff must be selected biennially by Senate to serve on CORs and committees of inquiry. One third of the panel must be of professorial rank, and two thirds of the panel must be below that rank. The composition of the panel should reflect racial and gender diversity.)
5. One UCT staff member with relevant subject matter knowledge (i.e. same broad discipline) appointed by the chair of the COR.

3.2. If both the Dean and Deputy Dean are unable to serve in terms of the rules or are otherwise unavailable (or if the Dean is the person on probation) their place on the committee shall be taken by a professor, preferably from the same faculty, who shall be nominated by the Vice-Chancellor.

3.3. If the staff member on probation is a member of an inter-faculty unit or other administrative division of the University not forming part of a faculty, the place of the Dean or Deputy Dean shall be taken by the chairperson of the appropriate board or committee (or, if unavailable, the deputy chairperson).

3.4. A past member of the committee of review (by reason of the election or appointment of a successor) shall, so far as possible, continue to serve on cases in which he/she participated during his/her membership. To the extent that this is possible, his/her successor shall not be a member for that case.

3.5. The chairperson shall be the Vice-Chancellor or any other member or the committee nominated by the Vice-Chancellor.

3.6. Quorum and eligibility to vote:

1. The quorum for the COR is three members.
2. Only those members who have attended all meetings at which matters of substance have been discussed shall be eligible to vote on the final recommendation. In case of doubt, the decision as to whether a member is eligible to vote or not shall rest with the chairperson.
3. The quorum of the second and any subsequent meetings of the committee is five members, all of whom must be eligible to vote in terms of the preceding paragraph.
4. The chairperson has both a deliberative and casting vote.

3.7. The reporting officer:

1. The reporting officer is

   • the Head of Department in respect of members of a department other than the Head (even if he/she is also Dean of the faculty).
   • the Director of the unit in respect of any member of an interfaculty unit or other administrative division of the University, other than the Director.
   • the Dean of the faculty in respect of the head of a department, or of an interfaculty unit, or other administrative division of the University forming part of a faculty.
   • the chairperson of the appropriate board or committee in respect of the director of an interfaculty unit, or other administrative division of the University not forming part of a faculty.
   • in respect of a Dean, a Deputy Vice-Chancellor.

2. A reporting officer is not eligible to serve on a committee reviewing the appointment of the staff member reported on.

3.8. Channels for submission of reports:

1. The reporting officer's reports are made to the Vice-Chancellor via the Executive Director, Human Resources through the following channels:

   • If the reporting officer be the Head of a Department or other administrative division of the University, forming part of a faculty, through the Dean of the faculty, unless he himself/she herself is the Dean, in which case through the Deputy Dean.
   • If the reporting officer be a Dean, through the Deputy Dean, unless the Deputy Dean is the staff member reported on, in which case through the Deputy Vice-Chancellor.
   • If the reporting officer be the director of an interfaculty unit or other administrative division of the University not forming part of a faculty, through the chairperson of the appropriate board or committee.
   • If the reporting officer be the chairperson of the board or committee governing an interfaculty unit or other administrative division of the University, through the Deputy Vice-Chancellor.
   • If the reporting officer be the Deputy Vice-Chancellor, through the Vice-Chancellor.

3.9. Procedures:

1. It is the responsibility of the Executive Director, Human Resources to initiate and co-ordinate the procedures set out below.
2. The reporting officer shall submit an interim report at the end of the staff member's seventeenth month of service, and may submit interim reports at other times. He/she shall submit a final report two months before the end of the staff member's probationary period.
3. At any point following the interim probationary report, a Head of Department may make a case for early confirmation of an officer's appointment. To become effective, the proposal must have the support of the Dean, the Deputy Vice-Chancellor responsible for staffing matters, and the Senior Deputy Vice-Chancellor. The proposal must be based on achievements in teaching and research at UCT after the appointment of the officer concerned.
4. All reports shall be made on the prescribed form, which will be sent to the reporting officer by the Executive Director, Human Resources at the appropriate time. Reports shall include a clear recommendation and an appraisal of the staff member's performance to date. Reporting officers are asked to pay particular attention to teaching ability, research interest and/or achievement, administrative inclination, opportunity and ability, professional activities (where appropriate), personality and relations with colleagues, and health. Other criteria deemed relevant to the exercise of the staff member's academic functions may also be included.
5. Shortly before the interim or final report is to be submitted, the staff member on probation will be requested (by the Executive Director, Human Resources) to furnish the reporting officer with a full curriculum vitae and a report on his/her activities since his/her appointment. These documents shall be transmitted to the Vice-Chancellor via the Executive Director, Human Resources at the same time, and through the same channels, as the reporting officer's interim or final report.
6. On completion of any interim or final report, the reporting officer will provide the staff member on probation with a copy for his/her own use. The staff member on probation shall sign the original report in the appointed space to acknowledge that he/she has perused it. The staff member on probation shall at the same time be informed that he/she may, should he/she so wish, respond in writing to the report and that he/she has the right to request that the committee of review meet to hear him/her. Any written response by the staff member on probation must be made within seven days of his/her receiving the report, and shall be attached to the report before it is submitted by the reporting officer to the officer referred to in paragraph 3.8.
7. The officer through whom a report is submitted in accordance with paragraph 3.8 above shall add his/her own comments before transmitting the report via the Executive Director, Human Resources to the Vice-Chancellor. A copy of the report including these comments will, upon its receipt by the Executive Director, Human Resources, be sent to the staff member on probation who shall acknowledge receipt thereof in writing.
8. Every report, whether interim or final, will be perused by the Vice-Chancellor and such executive officers as are members of the committee of review.

   • In the case of a satisfactory interim report, the probationary period will continue.
   • In the case of a satisfactory final report the appointment will be confirmed, and the staff member should be so informed prior to the end of the probationary period.
   • In the case of an interim or final report in which some significant reservations have been expressed, the executive committee established in terms of paragraph 3.9.8 below may, with the approval of the Dean (and after consultation with the reporting officer) extend the period of probation or refer the report to the full committee of review. The extension of this period of probation may be up to three years; further extension would require the approval of the full committee and of Council.
   • An unsatisfactory interim or final report will be referred to the full committee of review.

9. The Vice-Chancellor or an executive officer nominated by the Vice-Chancellor is authorised to confirm the appointment of a staff member holding any academic post other than Associate Professor or Professor, provided that

• the executive committee (i.e. the Vice-Chancellor and the Deputy Vice-Chancellor nominated by the Vice-Chancellor) of the committee of review unanimously proposes confirmation
• the reports submitted by reviewing officers are clearly satisfactory.

10. The Vice-Chancellor or an executive officer nominated by the Vice-Chancellor is authorised to confirm the appointment of an associate professor provided that

    • the executive committee (i.e. the Vice-Chancellor and the Deputy Vice-Chancellor nominated by the Vice-Chancellor) of the committee of review unanimously proposes confirmation.
    • the reports submitted by reviewing officers are clearly satisfactory.
    • the post does not carry with it the headship, or the department has an established chair.

11. Council will consider the confirmation of Professors and Associate Professors where

    • the executive committee (i.e. the Vice-Chancellor and the Deputy Vice-Chancellor nominated by the Vice-Chancellor) of the committee of review unanimously proposes confirmation.
    • the reports submitted by reviewing officers are clearly satisfactory.

12. Should the Vice-Chancellor and the other executive officer on the executive committee consider an interim or final report to be satisfactory, it may be referred to the full committee of review and shall be so referred if the reporting officer or staff member on probation requests it.
13. In every case in which the Vice-Chancellor and executive officers decide that the committee of review is to meet, the staff member on probation will be notified at once and advised that he/she may submit any written statement for the attention of the committee or arrange for others to submit written evidence (or both). He/she will be informed that, should he/she so wish, they will be given an opportunity to address the committee or to call witnesses (or both). At the same time the reporting officer will be notified that the committee of review is to meet, and given an opportunity to nominate persons whom he/she may wish to give written or oral testimony for the consideration of the committee.
14. The evidence to be presented to the committee of review shall comprise the following:

    • A full curriculum vitae and a report on the staff member's activities since his/her appointment, both supplied by the staff member concerned.
    • All interim and final reports submitted by the reporting officer to date, together with any comments added in accordance with paragraph 3.9.5 above and any written responses received from the staff member on probation.
    • Any written evidence from persons nominated by the reporting officer, the staff member on probation, or the committee, who are willing to supply such evidence.
    • Oral evidence from any persons who may be requested to appear as witnesses by the staff member on probation or the reporting officer or the committee, and are willing to do so.
    • Any other information that may be required by the committee.
    • A medical report, if relevant and required by the committee, from a board comprising two medical practitioners, one nominated by the committee and the other by the staff member on probation. The University will accept responsibility for any costs incurred.

15. The hearing of evidence:

    • The committee of review shall have full discretion whether or not to invite the staff member on probation to be present when oral evidence is given.
    • If in the opinion of the committee there is good reason, the committee may decide to hear any particular evidence without the staff member being present, but he/she shall in all cases be informed of the substance of such evidence, given an opportunity to address the committee, and permitted to call on not more than two other persons to speak on his/her behalf.

16. The staff member on probation shall

    • be given copies of all documents before the committee.
    • be afforded reasonable time in which to respond to evidence given to the committee.

17. After considering the information placed before it, the committee will record its recommendation which may be:

    1. An interim report

       • that the staff member's appointment be terminated before the expiry of the probationary period, or
       • that his/her probationary appointment be continued for the present, or
       • that his/her probationary period be extended for a further period.

    2. A final report

       • that the staff member's appointment be confirmed, or
       • that his/her appointment not be confirmed (thus lapsing on expiry of the probationary period), or
       • that his/her appointment be terminated before the expiry of the probationary period, or
       • that his/her probationary period be extended for a further specified period and that this be conveyed to the University Council as a motivated recommendation.

18. The records of the committee of review shall be made available, upon request, to Council or to any member of Council.
19. The Council will decide whether or not to accept the recommendation of a committee of review, and its decision shall be final.
20. A probationary period will automatically be extended at least to the date on which the Council reaches its decision. In any case in which the Council decides not to confirm the appointment (as distinct from a decision to terminate it before expiry of the probationary period), the probationary period will, if less than six months remain before expiry, be considered to expire six months from the date on which the Council's decision is conveyed to the staff member.
21. At any time after a decision has been taken in (any particular case) to call a meeting of the committee of review, the Vice-Chancellor may suspend the staff member from his/her duties, with pay and rights.
22. Any staff member whose appointment has been terminated or not confirmed, will be offered, by Council, the opportunity to resign from his/her post.

Page last updated: 26 October 2011

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