The suspended registrar of the University of South Africa (Unisa), Prof Steward Mothata, has asked the North Gauteng high court in Pretoria to declare that the council is no longer “properly constituted” after the resignation of several members.
Mothata was placed on precautionary suspension by vice-chancellor, Prof Puleng LenkaBula, on June 5 for allegedly breaching confidentiality, gross abuse of office, gross dishonesty and gross insubordination and “giving and making false or damaging statements in the execution of his duties and/or in public”.
He was also accused of “sabotaging the academic project and/or the business of the university” and “dereliction of duty” by failing to advise the council and its committees, as well as LenkaBula, on governance matters and the possible related risks.
His suspension came in the wake of independent assessor Prof Themba Mosia’s report into the affairs of Unisa, which recommended that Unisa be placed under administration and the council and management be relieved of their duties.
Mothata’s application to court will be made on July 11. In court papers dated June 20, he outlines a series of orders he is seeking in Part A and B of his application. The orders in Part A include:
- that any decision taken by the council when not properly constituted be declared unlawful, unconstitutional and of no force and effect;
- interdicting the remaining members of council from taking any further decisions;
- directing the secretary of council to provide a list of decisions taken by council from the date it was no longer properly constituted;
- directing LenkaBula to provide a list of all decisions she took outside her delegated authority;
- declaring his suspension as unlawful, unconstitutional and of no force and effect; and
- directing the minister of higher education, Blade Nzimande, to appoint an administrator for Unisa within 15 days of the order being granted.
In Part B of his application, he asks the court to direct the administrator “to conduct a forensic investigation or cause a forensic investigation to be conducted into findings made by the ministerial task team and the independent assessor in respect of LenkaBula and members of council”.
I am advised and submit that the ongoing unlawful and unconstitutional conduct of the council renders the need for the appointment of an administrator extremely urgent.
— Prof Steward Mothata
He also wants the administrator to appoint an independent auditor “to determine and quantify the financial losses suffered by Unisa as a result of the failure of LenkaBula and any other member of council found to have failed to carry out their fiduciary duties”.
In his founding affidavit Mothata stated that “the situation at Unisa has deteriorated to a point that it negatively impacts on the public interest”.
According to him, the purpose of his application “is to prevent the ongoing violation of the rule of law at Unisa, halt all unlawful conduct of council and restore good governance”.
“The vice-chancellor, in purportedly placing me on suspension, acted ultra vires since that power reposes in council. The vice-chancellor has no such authority and cannot exercise a power she does not in law have.”
He said he made council aware on June 5 that it was no longer properly constituted.
“The council rejected my guidance. It is abundantly clear that my suspension was as a result of my advice to council.”
His attorneys wrote to Unisa on June 6 demanding his suspension be lifted but received no response.
Mothata instructed his attorneys to write to council members about the “unlawfulness” of a meeting scheduled for June 7.
“I am aware that of the 17 remaining council members, seven did not attend. This means that only 10 members attended and took decisions.”
Stated Mothata: “I am advised and submit that the ongoing unlawful and unconstitutional conduct of the council renders the need for the appointment of an administrator extremely urgent.
“The allegations made in my letter of suspension are clearly a smokescreen to justify the true purpose of my suspension. I vehemently deny that I breached any policies of Unisa.”
He said that Mosia’s report found that Unisa “is characterised by an environment of fear, bullying and intimidation”, adding: “My suspension is the clearest example of what the independent assessor found.
“The reputational damage that Unisa has and continues to suffer as a result is immeasurable.
“It is abundantly clear that there is a serious public interest in this matter. Allowing the prevailing situation to prevail adversely affects the most vulnerable and poor among us.”
He said that “the proper governance and financial management at Unisa, in the public interest, cannot be emphasised enough”.
Both Unisa as and its council did not respond at the time of publication.
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