The executive management of the University of South Africa (Unisa) has vowed to use every legal avenue available to have the report of the independent assessor set aside.
The management committee (ManCo) of Unisa will also oppose the Minister of Higher Education, Science and Innovation Blade Nzimande’s decision to place the institution under administration.
This was said by Unisa vice-chancellor Prof Puleng LenkaBula on Thursday after the Pretoria High Court overturned Nzimande’s decision to place the university under administration.
“It is not necessary to place Unisa under administration,” she said, citing the financial position, academic performance, good governance structures and a responsive student affairs programme as factors that should be taken into consideration.
LenkaBula, who was flanked by her ManCo at the briefing which was held at the Kgorong Building at the Muckleneuk campus in Pretoria, said even the matters raised in the report by the independent assessor Prof Themba Mosia pre-dated her term and that of the council.
Unisa’s executive director for legal services Prof Vuyo Peach confirmed there were five cases before the courts in relation to Mosia’s report and Nzimande’s plan to place the university under administration.
Peach said the university received legal advice to take Mosia’s report for a review.
He said though Nzimande, as the authority that commissioned the investigation has the final say on what action to take based on the recommendations, the affected parties, which include the university council and executive management, also have a right to have the report reviewed.
Peach confirmed the university council and management and legal services applied for the report to be reviewed.
“There are three review applications pending before our courts,” he said, adding that two urgent orders were also sought to compel the minister to refrain from making any decision until the review applications were heard.
It has been a week filled with drama at the open distance e-learning institution, with the minister announcing that he was placing the university under administration and appointed former University of Johannesburg vice-chancellor Ihron Rensburg as administrator.
Council was therefore dissolved, and its roles, duties and functions were assigned to the administrator.
On Wednesday, the court overturned the decision by Nzimande to place Unisa under administration.
In his verdict, acting judge Andre le Grange said the decision was unlawful and in breach of previous court orders, which decreed that Nzimande should not place Unisa under administration until all cases are ventilated in court.
“The minister must immediately retract the Government Gazette number 49582 Vol 700 dated 27 October 2023,” reads the order.
“The parties are granted leave to approach the deputy judge president of the Gauteng High Court for a date and time for consideration of the issue of contempt.”
Peach said the date had been set for November 8 for the court to hear the matter on a urgent basis.
Nzimande’s spokesperson Ishmael Mnisi said the minister had always provided an opportunity for Unisa to express its views, either through responding to his direct correspondences on the assessors report or through their court applications.
“However, the minister remains concerned by the delays in setting the date on the breach of the order of the court granted by Mr Justice [Leicester] Adams on August 24. It is now more than two months and this matter has not been heard by this court.
“Despite the recent court decisions, the minister is satisfied that the independent assessor’s report reveals financial and other maladministration of a serious nature and serious undermining of the effective functioning of Unisa,” said Mnisi.
“Amongst others, the report recommends that the appointment of an administrator is in the best interest of Unisa and of higher education in an open and democratic society,” he said.
