Even before the eminent retired jurists and panel chosen to investigate alleged governance claims at the University of Cape Town can get down to work, cracks and divisions have emerged, raising concerns about their investigation and impartiality since a “clique” within the council chose them.
Dr Tiri Chinyoka, representing the Black Academic Caucus, said that they rejected the panel constituted by the UCT Council. “We believe that Council itself needs to be investigated for presiding over governance dysfunction, and hence Council cannot be allowed to decide who will investigate them.
“Council is now a factional and partisan structure that is not serving the university’s best interests,” Chinyoka added. Controversy over the panel selection has broken after it emerged that three or four of the five-panel members were nominated by the same group of 11 council members. “These are among the reasons we reject the Council panel,” said Chinyoka.
The panel to lead the probe into governance claims against vice-chancellor Professor Mamokgethi Phakeng and council chair Babalwa Ngonyama will be reportedly led by the retired president of the Supreme Court of Appeal Lex Mpati, who will act as chair. The panel will include retired Constitutional Court Judge Sisi Khampepe, retired Supreme Court Judge Azhar Cachalia, governance expert Dr Trish Hanekom and Wits head of transformation Dr Bernadette Johnson – provided they accept.
The panel has been asked to probe the role of an alleged breach of governance by Phakeng and council chairperson Ngonyama concerning their version of events surrounding the departure of deputy vice-chancellor of learning and teaching Associate Professor Lis Lange, who claimed in a letter to the Senate that she was forced out.
The university denied allegations that almost half of around 30 senior staff left because of Phakeng. The current action driven by a “cabal” in the council, however, is in defiance of policy signed by its members in June 2021 which states that in the case of prima facie evidence of misconduct by any employee, the matter is to be handled by human resources and the line manager.
“Council has no authority to take any action in any case of alleged employee misconduct,” said a council member. Ahead of the meeting on 7 November, members had to nominate proposed panelists in advance and in writing. The same 11 people selected three or four, all of whom were signatories in the ‘dissenting’ Council statement last month, demanding a retired judge head the probe.
“This tells you there’s a pre-caucus that occurs outside council meetings. And it brings into question the fairness and impartiality of the process. One member admitted in the meeting that he had spoken to these judges. Will these judges not be beholden to the 11 who nominated them in the first place,” asked a council member.
It took the UCT council nearly two days after a special sitting was convened last Monday night to issue a statement confirming it had approved a panel of five members and a chair. Council member and chief executive of Artscape Marlene Le Roux was at the helm for the second part of the late-night council meeting, which decided on the panelists.
Asked to comment on the alleged collusion when making their selection during the meeting on 7 November, Le Roux, said they discussed only the terms of reference of the independent panel to investigate the current governance challenges at UCT.
“This should not be played out in the media. Council should exercise their fiduciary responsibilities. My main aim is to put the university first to make higher education accessible for all,” she said. However, Higher Education Media has learnt that Khampepe was nominated by Nazeema Mohamed, Diana Yach, Ezra Davids, Gareth van Onselen, Jacques Rousseau, Malcolm Campbell, Shuaib Manjra, Marlene le Roux, Michael Cardo, Ntobeko Ntusi and Sheila Barsel. The same 11 nominated Mpati, Hanekom and Cachalia.
Despite heavyweight credentials, former Deputy Chief Justice Dikgang Moseneke and former justice of the Constitutional Court Dr Yvonne Mokgoro were among the 20 candidates proposed but overlooked by the council members. These two were nominated by other Council members and not by the 11 who are “acting in cahoots”.
Sima Mtheli, the branch convenor of the Economic Freedom Fighters Student Command at UCT, said it is a problematic and mischievous act of racism to reduce the outcries of black academics and black members of councils as “factional interests”. She said the university established the Institutional Reconciliation and Transformation Commission (IRTC) following the Rhodes Must Fall movement, which made findings that there were problems of racism and a lack of transformation within the university.
“Again, after the passing of the dean of health sciences, Professor Bongani Mayosi, the university established an enquiry to look into what led Mayosi to commit suicide; the enquiry made findings that racism against black academics is a problem at UCT.
Mtheli said, however, since these reports were presented to the university council – previously under chairperson Sipho Pityana and his successor Ngonyama – there must be more done to resolve this problem. Instead, she said what has been witnessed is a constant purging and vilification of black leadership and academics within the university.
This is borne out by statistics since the beginning of the year showing that from 79 disciplinary matters involving UCT staff members, 41 have involved black African staff, while only two were white. Last year, there were 67 disciplinary matters, 31 involving black Africans while five involved white people. The remainder comprised coloured and Indian or foreign staff members.
“We will never fold our arms and allow racists and factionalist to attack the VC and chairperson of Council. The VC has never been allowed to lead the university peacefully; since the inception of her vice chancellorship, they started by questioning her qualification,” she said.
Mtheli said the EFF stood with Phakeng, Ngonyama and the Black Academic Caucus on this matter and would urge the student body to rally support against “racist factionalism”. Le Roux, the acting chair for the 7 November meeting, said the council took two substantive decisions, approving the terms of reference for an investigation panel to give effect to the 15 October 2022 Council resolution to constitute such a panel. Secondly, it approved a panel of five members and a panel Chair.
These details will be made public once the panelists have confirmed acceptance of their appointment. However, their names and the council members who wanted them are public knowledge. Council is expected to meet again to complete outstanding items on its agenda. — © Higher Education Media Services