A GROUP of former University of Fort Hare graduates have threatened to drag to court the embattled Minister of Higher Education and Training, Blade Nzimande, over non-payment of their unsettled fees that resulted in the institution refusing to hand them their qualifications.
The nine students, equipped with the Bachelor of Law (LLB) degrees – but with no papers to show for it – have written a letter of demand to Nzimande and the National Student Financial Aid Scheme (NSFAS) to pay their fees in two months time or face legal action for breach of contract.
The university has withheld their certificates after they completed their studies in 2021 and graduated in 2022, due to the failure by NSFAS to uphold their end of the contract.
The group has enlisted the help of former EFF secretary-general Gordrich Gardee of Gardee Gordrich attorneys to assist them in getting the qualifications due to them so that they can begin working.
NFSAS acting chief executive Masile Ramorwesi acknowledged receipt and said: "We are perusing our records and will liaise with the University of Fort Hare as well...a comprehensive response to the demand will be prepared and dispatched before the expiry of the sixty (60) days stipulated in paragraph 5 of your letter.”
Higher education department spokesperson, Ishmael Mnisi’s phone rang unanswered and he ignored texts from the Sunday Independent regarding the matter.
The questions sent to Mnisi on Thursday included whether the minister was aware of the letter and if he was going to respond to it.
Nzimande has been under fire recently over allegations of receiving kickbacks from NSFAS service providers, however, he has denied the assertions.
In the letter addressed to the minister and the NSFAS and seen by the Sunday Independent, the students allege that contractually, the university was supposed to receive payment for the loan or bursary amount from NSFAS through allocations based on the amounts owed, including registration fees, food allowance, book allowance, study fees and accommodation fees.
The letter also reveals that some of the students raising objections were owing over R90 000 for some of the five years of their law studies.
The document reads in part: “In the circumstances, we are directed to demand from you as we hereby do, that you make payments within 60 days of receipt of this letter, failure which, legal proceedings against your entity will be commenced … this letter serves as an official notification in terms of section 3 of the Institution of legal proceedings against organs of state Act 40 of 2002 (“the Act”) that our client intends to institute such legal proceedings for payment of the fees, breach of contract and damages for loss of income due to employability of of our clients.”
Shihluke Honwani (25) is one of the complainants who owes the institution nearly R80 000, after gained entry at the university in 2017, but cannot practise law because of failure to prove that she studied for it.
She told the Sunday Independent: “In 2022 after I completed my studies I realised I still owed a lot of money and I tried to contact NSFAS to no avail… I didn't know I was not the only one.
“I even sent emails (seen by Sunday Independent) so that they could send me records to compare with those ones of the university but was not answered. I finally, after some time, I got the records from NSFAS and I noticed that the last time they paid my fees was in 2020, meaning in my final year they made zero payments.”
She further said that when she went back to the institution they refused to issue her certificate and so she forfeited her chances of gaining entrance to the Johannesburg School of Legal Practice.
“Every time I need to apply for articles or anything I don’t have a copy of my degree. Even SAICA (South African Institute of Chartered Accountants) recently refused to verify my qualification due to this.
“I could have written my board exams by now but I can't when I don’t have my Law school certificate… I just want my fees paid because this has affected me and my family negatively,” she said.
She called for the minister to look into the administration of the university of Fort Hare and NSFAS.
“The minister should launch an investigation to find out as to how many NSFAS funded graduates have their certificates withheld due to unpaid fees. They can start at Fort Hare. It’s a lot of people,” she said.
mashudu.sadike@inl.co.za