Cape Town - The University of Cape Town (UCT) Student Representative Council (SRC) said it was not surprised by a High Court interdict application from Historical Studies head Professor Adam Mendelsohn to reverse the university’s resolutions against Israel over its ongoing war on Gaza.
Mendelsohn was the only applicant mentioned in the litigation initiated, with respondents the UCT Council, council chairperson Norman Arendse, 29 council members including new vice-chancellor Professor Mosa Moshabela and SRC president Hlamulo Khorommbi, and UCT.
Khorommbi said the action was expected. “It’s something that we expected. It does not shock us. Even when we made a decision, we said, let’s rather lose funding, let’s rather lose donors but remain critical as the institution, as the University of Cape Town, we must uphold our values.
“In terms of our stance, we are still firm. We are still saying anything that has to do with Israel, we don’t want it.”
He said while the SRC supported the decisions of the university related to the resolutions, it felt that the university was too lenient in its approach.
“We don’t want anything to do with Israel until Palestine is free.”
In a statement, the SA Zionist Federation welcomed the court action. Spokesperson Rolene Marks said: “If UCT is willing to base decisions on political expediency rather than educational priorities, it is bowing to the pressures of the day and shutting itself down as a free academic institution. This must not be allowed to happen.”
Israel’s war in Gaza has resulted in the deaths of more than 40000 Palestinians, and injured over 92000, with 90% of the population displaced and around 80% of buildings destroyed. Israel has expanded its unrestrained assault with increased raids, assaults, and displacement in the West Bank.
On June 22, the UCT Council adopted two resolutions which had been passed by the Senate. The first related to the destruction of scholarship and education in Gaza, with the council resolving to “call, again, for an immediate ceasefire, the passage of humanitarian aid and return of all captives as contained in the Senate’s resolution of 17 November 2023; and condemn the destruction of the education sector in Gaza and the massive scale of killing of teachers and university staff in the current war; urge the international community to ensure the provision of humanitarian aid includes the restoration of education sector in Gaza,” among others.
The second resolution related to research collaborations with members of the Israel Defence Forces and the wider Israeli military, resolving that no UCT academic may enter into relations with or continue relations with any research group and/or network whose author is affiliated with the IDF and/ or the broader Israeli military.
Mendelsohn is seeking an order to declare the resolutions as unlawful, unconstitutional and invalid, and for it to be reviewed and set aside.
While he is the sole applicant, the application will make use of affidavits by Keertan Dheda, Mark Blumenthal, Simon Mendelsohn, Nicoli Nattrass, Trevor Norwitz and Jeffrey Bagraim.
Norwitz served as the former chairperson and president of the UCT Fund, and resigned last year in response to UCT’s statement on Gaza.
In the application, Mendelsohn states that the motions were passed in an “irrational” manner.
“The council failed to consider an array of relevant considerations before passing the resolutions, including the resolutions’ financial, relational, and reputational implications for UCT.”
He also claims that the resolutions are not linked rationally to any legitimate purpose, and that the Council “lacked the power to pass these resolutions”.
He said the resolutions would affect his right to academic freedom, and that his research focusing on modern Jewish history would be impacted, as it related to or involved Israeli citizens, including those serving in the IDF or those who remain reservists.
UCT spokesperson Elijah Moholola said the university had noted the review application filed by an academic staff member.
“UCT is considering the matter and will respond through the relevant processes,” he said.
Palestine Solidarity Campaign co-ordinator Professor Usuf Chikte said it was concerning that some within the university were challenging UCT’s progressive resolutions, despite the well-documented impact of Israel’s actions on Palestinian education.
“This includes the arrest, detention and killing of educational staff and students, as well as the destruction of educational infrastructure.”
Chikte called on the University to remain committed to its values of justice and accountability.
“UCT's decision for a targeted boycott is a principled stance that aligns with its commitment to human rights, social justice, and academic freedom. The legal challenge by Zionist groups can be seen as an attempt to limit criticism of Israel's policies and actions.”