The North Gauteng high court in Pretoria has ordered higher education minister Blade Nzimande not to act on the recommendations of an independent assessor’s report into the affairs of Unisa until two separate applications challenging it are finalised.
Independent assessor Prof Themba Mosia had recommended in his March 31 report that the institution be placed under administration.
The chair of Unisa’s council James Maboa brought an urgent application earlier this month seeking an order to interdict Nzimande from appointing an administrator.
In a separate application, vice-chancellor Prof Puleng LenkaBula launched an application for an order to review and set aside Mosia’s report.
In a third application brought on June 20, former Unisa registrar Prof Mothata Steward, asked the court to declare that the council was no longer “properly constituted” and for an order directing Nzimande to appoint an administrator for Unisa.
Last Thursday, judge Leicester Adams adjourned all three applications to a hearing on September 7.
According to the order, both Nzimande and Mothata have until Wednesday to file their consolidated answering affidavits
Maboa and LenkaBula had until the end of Monday to file their answering affidavits in response to Mothata’s application.
All parties have until September 4 to file their heads of argument.
On August 11, the state attorney informed lawyers acting on behalf of Unisa’s council that Nzimande agreed to extend the period to September 4 for them to make representations to him about his plan to place Unisa under administration.
The independent assessor casts us in a bad light. It paints us and the university as incompetent, potentially corrupt and involved in financial irregularities and mismanagement. This is simply not true.
— James Maboa, Unisa council chair
Nzimande informed Maboa that he was satisfied that Mosia’s report “reveals financial and other maladministration of a serious nature and serious undermining of the effective functioning of Unisa”.
He told Maboa that Mosia’s report revealed that the appointment of an administrator would be in the best interests of Unisa and of higher education in an open and democratic society.
Meanwhile, Maboa stated in recent court papers dated August 13, in support of his urgent application, that Nzimande wants to implement Mosia’s recommendations “which will entail dissolving the council”.
“The decision by the minister to act on the recommendations is premature.
“It is abundantly clear that the decision to appoint an administrator is a fait accompli because he addressed correspondence to the vice-chancellor’s attorneys on August 11, indicating he is unable to wait for the review proceedings.”
Maboa had also lodged an application on behalf of the council and Unisa on July 31 to review and set aside Mosia’s report.
He said both Nzimande and Mosia had not answered to the review application by Unisa and the council.
“The council and Unisa have good prospects of success. The council filed a comprehensive review application. To date, the independent assessor and the minister have not filed any answering affidavits.”
Maboa stated in court papers that the institution is prestigious and has a good name and reputation.
“The council is duty bound to protect that history and dignity. As individual members of council, the independent assessor casts us in a bad light.
“It paints us and the university as incompetent, potentially corrupt and involved in financial irregularities and mismanagement. This is simply not true.”
He said there was nothing pressing or urgent for Nzimande to appoint an administrator “or even contemplate appointing an administrator”.
“The university is functioning properly and fully and has been doing so for many years before. The university has not collapsed nor is it about to collapse.”
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