By Libuseng Nyaka
Blade Nzimande
BLOEMFONTEIN – The Department of Higher Education is mulling its next move following a high court judgment which knocked back minister Blade Nzimande’s attempts to install an administrator at the Central University of Technology (CUT).
Nzimande told a media briefing that his department was “taking this matter on review and will announce a course of action in this regard in due course”.
This action might come in the form of an appeal, amendment of the relevant legislation or acceptance of the verdict, legal analysts said on Thursday, August 23.
The feisty minister has been at loggerheads with management and Vice Chancellor Thandwa Mthembu at the former technickon since he ordered a probe into the institution’s affairs.
“I have noted with concern the judgment… I am concerned about the severe implications of the judgment on the higher education sector, where it could possibly be interpreted that institutions of higher learning are beyond accountability to government,” he said.
Nzimande appointed Professor Stanley Ridge as Administrator for the Central University of Technology (CUT) last June following the Report of the Independent Assessor which “identified issues that seriously undermined good governance and management as required by the Higher Education Act”.
The Act empowers the minister to appoint an administrator to resolve issues that seriously undermine the effective governing of a public higher education institution.
“Whenever allegations of victimisation, abuse of power, maladministration or financial maladministration that would affect the functioning of a higher education institution in the country are made, I as the Minister responsible for Higher Education and Training cannot ignore them. I am expected to intervene; hence I took the decision to first appoint an Independent Assessor to assess the situation at CUT.”
he said the decision to implement the recommendations of the Independent Assessor was taken after considering all the relevant facts stated in the Report and consulting the Council of CUT.
He added: “The appointment of an Administrator was an opportunity to initiate processes to restore good governance and create systems to address the administrative, governance and management challenges facing the institution.
If the allegations contained in the report of Independent Assessor are unfounded and there is no wrongdoing on the side of the Vice-Chancellor, then this process would have absolved and vindicated any individuals who may have been implicated.”
It was important to note that while the court did not rule in the Department’s favour on the matter, it also did not set the Report of the Independent Assessor aside.
“The Report contained serious allegations of victimisation, abuse of power, maladministration and other allegations which were found to be substantive. Linked to these allegations also is the perceived inappropriate relationship between the Vice-Chancellor and the Chairperson of Council.
“Council and Management, in discharging their mandate, should ensure that the state of our Higher Education Institutions is not compromised. I strongly believe that the action of the Vice Chancellor and Chairperson of Council were totally unacceptable and cannot be condoned when they forcibly prevented Professor Ridge from performing his duties as Administrator,” Nzimande said.
The director for the Centre for Democracy at the University of Johannesburg Prof Steven Friedman, meanwhile, says the judgment would not impact negatively on government funding.
Welcoming the decision Friedman said the court confirmed that universities were autonomous, an assertion that was promptly rejected by Nzimande.
“It was improper for the minister to want to destroy the structure in place which had been running university for years. I appreciate the decision and think their winning is the win for all universities” he said.
Judge Daffue’s decision was mounted on the argument the Nzimande had not taken CUT council’s response to the assessor’s report into account.
The tug-of-war between Nzimande and Mthembu started in 2010 when Mthembu was accused of misusing university funds and corruptly promoting female employees. However it appeared that Vice – chancellor was entitled to take a partner with him on official trips at university expense.
The partner could be his spouse, daughter or anyone as the Act does not specify what type of partner.
In an interview with Public Eye in May this year Mthembu said the accusations started when some lecturers who were using fraudulent certificates were exposed.
Some members of staff had also lost their jobs after a restructuring exercise at the university.