Concerns have been raised over the impartiality of a panel nominated to investigate alleged governance issues at the University of Cape Town.
The concerns stem from a clique within the university’s council who chose the panel.
The Black Academic Caucus’s Dr Tiri Chinyoka said they rejected the panel.
“We believe that council itself needs to be investigated for presiding over governance dysfunction, and hence council cannot be allowed to decide who will investigate them.”
“Council is now a factional and partisan structure that is not serving the university’s best interests,” Chinyoka added.
Controversy over the panel selection broke after it emerged that three or four of the five-panel members were nominated by the same 11 council members.
The panel to lead the probe into governance claims against vice-chancellor Professor Mamokgethi Phakeng and council chair Babalwa Ngonyama will reportedly be led by the retired president of the Supreme Court of Appeal, Lex Mpati, who will act as chair. Other members include Constitutional Court Judge Sisi Khampepe, retired Supreme Court Judge Azhar Cachalia, governance expert Dr Trish Hanekom and Wits head of transformation Dr Bernadette Johnson – provided they accept.
The panel is tasked to probe an alleged breach of governance by Phakeng and Ngonyama concerning the departure of deputy vice-chancellor of learning and teaching, Associate Professor Lis Lange, who claimed in a letter to Senate that she was forced out. The university denied allegations that almost half of 30 senior staff left because of Phakeng.
The current action is believed to be driven by a “cabal” in the council in defiance of policy signed by its members in June last year, which states that in the case of prima facie evidence of misconduct by any employee, the matter is to be handled by human resources and the line manager.
“Council has no authority to take any action in any case of alleged employee misconduct,” said a council member.
Ahead of the meeting on November 7, members had to nominate proposed panellists in advance in writing. The same 11 people selected three or four, all of whom were signatories of council statement last month demanding a retired judge head the probe.
“This tells you there’s a pre-caucus that occurs outside council meetings. And it brings into question the fairness and impartiality of the process. One member admitted in the meeting that he had spoken to these judges. Will these judges not be beholden to the 11 who nominated them in the first place?” asked a council member.
It took council nearly two days after a special sitting was convened last Monday night to issue a statement confirming it had approved a panel of five members and a chair.
Council member and chief executive of Artscape, Marlene le Roux, was at the helm for the second part of the late-night council meeting, which decided on the panellists.
Le Roux said they discussed only the terms of reference for the panel to investigate the current governance challenges at UCT.
“This should not be played out in the media. Council should exercise their fiduciary responsibilities. My main aim is to put the university first to make higher education accessible for all,” she said.
Former deputy chief justice Dikgang Moseneke and former justice of the Constitutional Court Dr Yvonne Mokgoro were among the 20 candidates proposed but overlooked.
Sima Mtheli, the branch convenor of the EFF’s Student Command at UCT, said it was a problematic and mischievous act of racism to reduce the outcries of black academics and black members of councils to “factional interests”.
“We will never fold our arms and allow racists and factionalists to attack the VC and chairperson of the council. The VC has never been allowed to lead the university peacefully; since the inception of her vice chancellorship, they started by questioning her qualification,” she said.
Mtheli said the EFF stood with Phakeng, Ngonyama and the Black Academic Caucus on this matter and would urge the student body to rally support against “racist factionalism”.
Council is expected to meet again to complete outstanding items on its agenda.