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This study set out to determine the impact of the current regulatory environment on the management of a private higher education institution (section 1.5). This study started off in chapter one with a brief introduction concerning the relation between higher education and the relevant economical,

social and political factors (section 1.1). With these factors being verbalised into government policies and enacted accordingly, a brief history on private higher education in South Africa (section 1.2) and a brief history of the current higher education regulatory framework (section 1.3) were recorded. Thus, the main research question was formulated as follows: How is a private higher

education institution managed within the current higher regulatory context in South Africa (section 1.4)? Following, the aim of this study was to determine

the impact on the management of a private higher education institution within the current higher education regulatory context in South Africa (section 1.5). The motivation for the need for the study was recorded and emphasised (section 1.6). Subsequently, a review of available literature was presented in chapter two and three respectively taking into consideration the limited literature available on the phenomenon of managing a private higher education institute within the current regulatory environment (section 1.6). An overview of the qualitative research design and methodology was given (section 1.7), the terminology defined (section 1.8). The chapter concluded with the organisation of the chapters (section 1.9).

Chapter two comprised a more comprehensive literature review with a focus on the managing of private higher education within the constraints of a particular legislative and regulatory framework, which appeared to be compliance based. Against this background, the regulatory environment was specified in terms of the different legal documents, conditions and criteria that impacted on management. Compliance was initiated with the establishment of a private higher education institution, by prescribing the type of juristic person of the institution (section 2.1) and resulted in conditions and criteria to be fulfilled in relation to registration with the Department of Education (section 2.2). Compliance filtered through to the management processes and execution of the management functions, which impacted directly on the management process, such as planning, organising, leading and controlling of the resources to achieve institutional goals, through the implementation of the criteria (section 2.3). The regulatory constraints on the allocation and management of resources through the management resources process (table 1.1) were noted.

In addition, the performance aspect of the management process was measured against the compliance criteria to ensure that the eligibility of the institution was achieved in terms of the legislative and regulatory framework (section 2.3.2).

It is important to note that the higher education legislative and regulatory frameworks have a historical political context. Therefore, the literature in chapter three considered the regulatory context of higher education in South Africa and narrowed the focus to the current status of the regulatory context of higher education. Aspects considered were a review of South Africa’s history and its different governments as well as the historical development of the enactment of higher education through the different governments (section 3.1). It was noted that enactment specific to higher education by the government of the day, for political reasons, occurred since South Africa was founded in 1652 (section 3.1.1 – 3.1.6). Following the democratic elections in 1994, the focus shifted to provision made for higher education in the constitution of South Africa (section 3.2) and the implementation commenced with the private higher education system with government taking a dominant role through government inducted higher education legislation by the enactment of acts and policies for higher education, inclusive of private higher education. The enactment process has been criticised in terms of the government being more engaged with new policy statements rather than with the implementation thereof (section 3.3). The current higher education legislation enactment set out to create a single coherent higher education framework addressing the inequities and inefficiency of the previous legislation (section 3.4).

The data emanating from the literature reviews provided a theoretical foundation for the direction of the research study in view of the fact that educational research, politics and decision-making are inextricably intertwined on a macro- and micro level. The study was therefore designed to determine the impact of the main research problem within the qualitative paradigm from a phenomenological point of reference and involved an interpretive approach

to the world (section 4.1). The qualitative research design and methodology allowed the researcher to explore the social implications and varying experiences and perspectives of the participants regarding the phenomenon of managing a private higher education institution in the current higher education regulatory context (section 4.2). To ensure that the participants’ ethical rights were safeguarded during the study, ethical measures such as informed consent, anonymity, confidentiality, deception and privacy were adhered to (section 4.2.1.1). The single instrumental case study type method was deemed appropriate for this study and the management team was identified as a heterogeneous fixed and suitable sample for the case study method (section 4.2.2.1). Furthermore, individual interviews were considered to be appropriate to explore and understand the attitudes, opinions, feelings and behaviour of the participants. The individual interviews were held at the office of the private higher education institution at a time and date suited to each participant. Field notes were expanded after the individual interviews and the recorded interviews were transcribed (section 4.2.2.2). Subsequently, the research data were analysed according to Tesch’s eight steps of descriptive data analysis (section 4.2.3). Accordingly, the data were evaluated to establish the trustworthiness of the data collection and data analysis processes. In this regard, Table 4.1 depicted the application of the four criteria for the establishment of trustworthiness (section 4.2.4).

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