MEMORANDUM OF UNDERSTANDING BETWEEN

Transcription

1 MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH AFRICAN POLICE SERVICE (Hereinafter referred to as the SAPS) Established under the South African Police Service Act 68 of 1995, as amended Herein represented and duly authorised by General Mangwashi Victoria Phiyega In her capacity as The National Commissioner of the South African Police Service And UNIVERSITY OF SOUTH AFRICA (Hereinafter referred to as UNISA) Established as a Higher Education Institution In terms of the Higher Education Act 101 of 1997, as amended Herein represented and duly authorized by Prof Mandla Stanley Makhanya In his capacity as Principal and Vice- Chancellor by virtue of a resolution of the above-mentioned institutions Page 1

2 PREAMBLE WHEREAS, UNISA is a distance learning public institution of higher education, established under the Higher Education Act 101 of 1997, offering instructional programmes as defined in the said Act; WHEREAS, the SAPS is a department of the Government of the Republic of South Africa established under the South African Police Service Act 68 of 1995, reporting to the Minister of Police, and has the central mandate to create a safe and secure environment for all the people in South Africa, and as defined in the said Act; WHEREAS, SAPS is desirous of providing tuition and academic support to develop the police students registered in certain courses and programmes offered by Unisa and enrolled at the SAPS Academy in Paarl; AND WHEREAS, UNISA has authorized the SAPS to conduct such tuition, and academic support, subject to the terms and conditions of this Agreement, and the parties wish to establish an association of mutual co-operation to their joint benefit; COGNISANCE of the fact that the Minister of Police and the Minister of Higher Education and Training agree to UNISA being the service provider to render the services required by SAPS; NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1 AGREEMENT OF THE PARTIES The Parties agree that: 1.1 UNISA will establish a fully accredited satellite campus at the SAPS Academy: Paarl where it will offer initially, the Bachelor of Arts in Police Science and other qualifications as will be agreed upon in writing. 1.2 The Parties will consult on learning outcomes of programmes as well as assignments and examination questions for registered UNISA students. The Parties agree to a process of consultation to determine needs and priorities. UNISA will accept final responsibility for the programmes and instructional offerings. Page 2

3 2 DEFINITIONS In this agreement, except in a context indicating that some other meaning is intended:- 2.1 Academic year means a period commencing in the beginning of a course and ending upon finalisation of the last examination paper 2.2 Academy means the SAPS Academy: Paarl; 2.3 Act 101 of 1997" shall mean the Higher Education Act 101 of 1997, as amended; 2.4 Confidential information means any information of a party not in the public domain or previously known to a party, including but not limited to, the activities, clients, transactions, systems, products, financial statements, business affairs, business management, student demographics and statistics, personal data of a party or its students and information contained in its student administrative database system, software, software source code, trade secrets and know how, and any other information whatsoever of a confidential nature of a party; 2.5 Course means any educational course, study unit, programme or module offered by UNISA and in respect of which formal UNISA qualifications are awarded upon successful completion thereof which are limited to higher education programmes; 2.6 Degree means the Degree offered by the University of South Africa; 2.7 Effective date shall mean 1 December 2013 irrespective of the date when both parties have signed this agreement; 2.8 HEQC shall mean the Higher Education Quality Committee of the Council on Higher Education established in terms of section 7(1) of the Higher Education Act 101 of 1997, and/or its statutory successor in title and assigns; 2.9 Parties shall mean the University of South Africa and the South African Police Service; 2.10 SAPS means the South African Police Service; 2.11 Student means a student registered through SAPS at UNISA in terms of this Agreement Page 3

4 2.12 SLP means short learning program which consists of less than 120 credits and is normally shorter that one academic year and in respect of which a certificate is awarded by UNISA upon successful completion thereof Study materials mean all tutorial and study material which comprise the study package for the courses to be offered at the SAPS Academy under this agreement, including study guides, tutorial letters and other auxiliary study material made available to registered UNISA students Tuition means the provision of residential academic support, with face to face tuition to SAPS students registered with Unisa under this Agreement; 3 COMMENCEMENT OF AGREEMENT 3.1 This Agreement shall commence on the effective date. 3.2 The parties record that agreements concluded between them prior to this agreement relating to the same subject matter, if any, are hereby terminated by mutual consent, as from the effective date. 4 DURATION OF AGREEMENT 4.1 The duration of this agreement is seven (7) years and may be renewed by mutual consent of both parties. 4.2 The parties agree to initiate discussion on the renewal of this agreement within sixty (90) days before the end of the duration of the agreement, subject to the Ministerial approval by the Minister of Higher Education and Training and the Minister of Police. 4.3 Either party may terminate the agreement with due regard to interests of students, by written notice of 6 (six) calendar months. 5 STANDARD OF TUITION 5.1 All tuition, instruction and academic support offered at the Academy shall be in accordance with the policies, standards and norms approved by UNISA and the HEQC. 5.2 UNISA will present tuition for the Bachelor of Arts in Police Science and other qualifications, as agreed by the parties. Page 4

5 6 STUDY MATERIAL 6.1 All study material shall be developed by UNISA in consultation with the Academy. Text books and any additional study materials or equipment shall be to the cost of the Academy 6.2 In providing the course material, UNISA shall endeavour to ensure all study material is delivered timeously. 6.3 Where the copyright of the study material is held fully or partly by an organization external to UNISA, the purchasing of such material will be for the account of the Academy 6.4 The contents of the course material shall be determined by UNISA who shall ensure compliance with the requirements of regulatory bodies. 7 RESPONSIBILITIES OF THE PARTIES 7.1 UNISA UNISA shall appoint a senior official to act as the academic Head of the Programme, who will be of the same level as the Commander of the Academy, for the duration of this Agreement The official appointed by UNISA shall have the right to recommend a senior person from UNISA to assist him in the performance of his or her duties UNISA will establish a fully operational satellite campus where the Bachelor of Arts in Police Science and other qualifications will be presented. Specific obligations and agreed targets will be listed in an Annexure to be attached to this agreement UNISA will assist the Academy to align their existing leadership programmes UNISA may in own discretion, develop a range of SLP in consultation with the SAPS in response to the needs of the SAPS to be delivered at the Academy. Page 5

6 7.1.6 Unisa will assist the SAPS in preparing the SAPS Academy to become an accredited higher education provider. Specific obligations and agreed targets will be listed in an Annexure to be attached to this agreement. 7.2 SAPS Provide training and learning infrastructure, facilities and necessary equipment at the Academy; Provide necessary transport, accommodation and meals for students at the Academy; Identify learners to be registered at the Academy as agreed with UNISA; Ensure management and discipline of students in the Academy; Facilitate and ensure payment of tuition and other fees due to UNISA. 8 REGISTRATION AND ADMISSION REQUIREMENTS UNISA shall determine the requirements for admission to study in programmes and qualifications under this Agreement, in accordance with the University s admission policies and criteria. 9 ASSIGNMENTS AND YEARMARKS 10 EXAMINATIONS All formal assessment through assignments, practical s or examinations shall be the responsibility of Unisa All requirements for student admission to examinations will be determined by UNISA UNISA shall set, mark and control all examinations and shall also determine the dates and venues thereof, in accordance with UNISA policies, examination rules and regulations UNISA shall provide the Academy with a list of final examination results of students registered under this agreement, as soon as possible after they become available. Page 6

7 11 FEES AND FINANCIAL ARRANGEMENTS The financial arrangements for the execution of this Agreement shall be determined by both parties, and concluded separately from this memorandum. Specific obligations and agreed targets will be listed in an Annexure to be attached to this agreement. 12 ADMINISTRATION Nothing herein contained shall affect or derogate from the powers of UNISA to administer its courses and programmes, or the performance of its general administration or academic functions, powers or privileges, including but not limited to its power to take disciplinary measures against any of its students in terms of Act 101 of MEDIUM OF INSTRUCTION The parties agree, for the purpose of this agreement that, while the medium of communication at Unisa is English, the medium of instruction and tuition will be in English and Afrikaans; and UNISA shall provide course material in both languages, where possible. 14 ACADEMIC STAFF 14.1 In addition to the normative standards of learner support provided by UNISA, UNISA shall, also provide the lecturing staff of the Academy with distance education training and assistance to ensure that the lecturing staff is in a position to offer appropriate tutorial support to the students; including but not limited to; support on aspects of admission requirements, academic support, counseling, career guidance, quality assurance and other academic requirements Library services are available for academic staff of the Academy if they join as individual members as stipulated in the UNISA Library regulations. 15 MARKETING, COMMUNICATION AND ADVERTISING 15.1 Parties agree to market and advertise this program jointly using their respective logos, in line with approved policies Page 7

8 15.2 All advertisements and communications including media releases, advertisements, advertising campaigns, promotions by either Party to third parties in terms of this Memorandum of Agreement shall be subject to prior approval by both the Office of the National Commissioner of the SAPS, or his or her delegate, and the Office of the Vice-Chancellor of UNISA or his or her delegate, which approval shall not be unreasonably withheld. 16 RELATIONSHIP BETWEEN THE PARTIES The Parties will at all times remain independent and separate legally, organisationally and financially and may not act, nor bind the other in any way, nor may either Party represent that it is in any way responsible for the acts of the other. 17 COPYRIGHT INFRINGEMENT AND TRADEMARKS 17.1 It is recorded that all intellectual property rights, including copyright and trade mark rights pertaining to the UNISA trademarks and UNISA materials, are reserved to UNISA 17.2 Use of trademarks, copyrights, patents, logos and all other intellectual property rights of any Party by the other, requires a specific written agreement between the Parties The Parties hereby agree that ownership of all title, copyright, industrial, and intellectual property rights in any content of any kind, will remain vested in the owner thereof, unless specifically otherwise agreed in writing between the Parties. 18 ENFORCEMENT AND WAIVER 18.1 A failure to enforce or to require the performance of any of the provisions of this Memorandum of Agreement at any time, shall not be construed to be a waiver of such provision and shall not affect either the validity of this Agreement, or any part hereof, or the right of any Party to enforce the provisions of this Memorandum of Agreement 18.2 No waiver of any of the terms and conditions of this Agreement will be binding for any purpose, unless reduced to writing and signed by the Party giving same, and any such waiver will be effective only in the specific instance and for the purpose given. Page 8

9 19 CESSION AND ASSIGNMENT SAPS shall not be entitled to transfer, cede or assign any of its rights or obligations in terms hereof to any person or entity. SAPS shall also not be entitled to grant sublicenses in respect of any of the rights granted to it in terms of this agreement to another person or entity. 20 TERMINATION 20.1 Either party shall be entitled to terminate this agreement on written notice to the other party in the event of: 20.2 The other party committing a breach of the terms and conditions of this agreement, all of which are declared to be material, and failing to remedy the breach within thirty (30) days of written notice calling upon such party to remedy the breach complained of; 20.3 Notwithstanding the above, either party will be entitled to terminate this agreement on three (3) calendar months' written notice to the other party The termination of this agreement, for whatever reason, will not affect the rights of a party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of this agreement In particular, the parties record and agree that the rights of any students who have registered or enrolled for any subject in terms of this agreement shall be honored, notwithstanding the termination of this agreement. 21 DOMICILIUM CITANDI ET EXECUTANDI The parties choose as their respective domicilia citandi et executandi for all purposes under this agreement including the services of notices and court process arising from this agreement or the cancellation thereof, the following: 21.1 SAPS The National Commissioner Thibault Main Entrance Private Bag x 94 PRETORIA, 0001 Tel no: Fax no: Page 9

10 21.2 UNISA Legal Notices: Legal Services Office University of South Africa Oliver Tambo Building Preller Street, Muckleneuk Ridge Pretoria, SOUTH AFRICA Tel No: Fax No: Administrative notices: Office of the Vice Chancellor and Principal University of South Africa Oliver Tambo Building Preller Street, Muckleneuk Ridge PRETORIA Tel no: Fax no: A party may change its domicilium address on thirty (30) days' written notice to the other party. 22 NOTICES 22.1 Every notice, consent or communication required or permitted hereunder from either party shall be in writing. It shall be sufficiently given or transmitted if and when: 22.2 Hand delivered to the other party at its domicilium address, or at such other address as the party may have designated in writing; or 22.3 Transmitted by means of a facsimile or to the addressee's telefax number or address and in respect of which or telefax number an acknowledgement has been received; or 22.4 Deposited in the mail, duly registered with the postage pre-paid for prompt delivery and addressed to the other party at its domicillium address, or at such other address as the addressee may have designated in writing. A notice deposited in the mail in terms of this sub-clause shall be deemed to have been delivered on the fourth business day after the date of posting. Page 10

11 23 WAIVER No waiver by a party of any breach, failure or default in performance by the other party, and no refusal or neglect by a party to exercise any right hereunder or to insist upon strict compliance with or performance of the other party's obligations under this agreement, shall constitute a waiver of the provisions of this agreement and a party may at any time require strict compliance with the provisions of this agreement. 24 CONFIDENTIALITY 24.1 The parties recognise that by nature of their relationship between them, they may have occasion to review and receive proprietary or confidential information or material of each other The parties agree to maintain secret and confidential any such confidential information disclosed by the other that was not previously known to a party or to the general public, or that was not in the public domain prior to such disclosure Any information obtained free from restriction on disclosure or use from a third party Upon request the parties agree to promptly return to each other any written material and other forms of material reproduction which contain confidential information obtained from or through a party, including all memoranda, copies or notes made by a party or disclosed or transmitted to a party by the other party which constitute confidential information The Parties agree that they shall protect any confidential information that may be disclosed pursuant to the provisions of this Memorandum of Understanding, using the same standard of care that each Party applies to safeguard its own proprietary, secret or confidential information and that the information shall be stored and handled in such a way as to prevent any unauthorised disclosure thereof. 25 DISPUTE RESOLUTION 25.1 In the event of a dispute by either Party in terms of any of the terms of this Agreement and failing to remedy such dispute within a period of ten working (10) days after receipt of a written notice requiring such dispute to be Page 11

12 remedied, the dispute will be referred to a Joint Committee comprising of the SAPS Divisional Commissioner: Human Resource Development or his / her delegate and one other person nominated by him or her as well as a representative of UNISA and one other nominated person The Joint Committee will endeavour to resolve the dispute within 14 days of it having been referred to them. Any decisions reached by the Joint Committee which must be unanimous, will be in writing and signed by all committee members If a deadlock occurs in resolving the dispute in question, both parties shall agree to appoint an independent arbitrator, whose decision shall be binding. 26 SEVERABILITY In the event that any of the terms of this Memorandum of Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms which shall continue to be valid and enforceable. 27 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties who acknowledge that there are no other oral or written understandings or Agreements between them relating to the subject matter of this Agreement. No amendment, consensual cancellation or other modification of this agreement shall be valid or binding on a party hereto unless reduced to writing and executed by both parties hereto. 28 INDEMNITY 28.1 UNISA warrants that it has the title and authority to provide the training and training Programmes to the SAPS, and any learning material used will remain the intellectual property of UNISA The Parties agree that neither party will be held responsible for damages and claims resulting from any injury or death of any of the employees, agents, subcontractors, while acting in terms of this Memorandum of Understanding 28.3 UNISA indemnifies and holds the SAPS harmless from any award of costs or damages against the SAPS for any action based on infringement of any Page 12

13 copyright as a result of the normal use by the SAPS of the Programme or course material in terms of this Memorandum of Understanding. 29 GENERAL 29.1 Upon signature by both parties, this agreement shall become valid and binding, and shall terminate all other previously existing agreements The parties undertake not to do, cause or permit anything to be done which may adversely affect a party or which may be prohibited by law Whenever a personal pronoun is used in this agreement, it is understood that such usage shall include singular and plural, masculine, feminine and neuter and refer in appropriate cases to juristic persons as well as natural persons This agreement shall be governed by, and interpreted in accordance with the substantive laws of the Republic of South Africa, including the prescription laws of the Republic of South Africa. Page 13

14 SIGNED at PAARL on this 22 nd day of October 2013 In the presence of the undersigned witnesses: Witnesses: 1 General M.V.Phiyega National Commissioner of the South African Police Service 2 SIGNED at PAARL on this 22 nd day of October 2013 In the presence of the undersigned witnesses: Witnesses: 1 Professor M. S. Makhanya Principal and Vice Chancellor - UNISA 2 Page 14