UWC council member Professor Brian Williams says the actions by the institution's council – including its chairperson, Mthunzi Mdwaba – against him and convocation president Songezo Maqula had betrayed the legacy and reputation of the university.
His remarks followed a damning judgment handed down by Western Cape High Court Judge Patrick Gamble, who said it was “deeply troubling to read of blatant disregard” for the rule of law by UWC council members.
Williams and Maqula challenged their respective expulsion and suspension.
The university took action against them after allegations by the Student Representative Council they incited students during a #FeesMustFall meeting at the campus last year.
Gamble this week set aside UWC’s decision and ordered the two be restored.
He said from the outset that members of the council were actuated by bias towards the two, in particular Williams, who was repeatedly referred to as a “cancer”.
Williams said yesterday: “We are happy with the judgment, but the damage to our reputations remains unresolved. This is a matter that we will take up at the appropriate levels and with the appropriate institutions at the appropriate time.
"This is a vindication for us, but more importantly it is a victory against oppressive and unlawful behaviour.”
Gamble slammed council member Onkgopotse JJ Tabane, saying his opportunism caused the university financial and reputational embarrassment. He said an inquiry into his fitness to hold office was justified.
Gamble requested the lawyers representing Maqula and Williams bring the contents of his judgment to Higher Education and Training Minister Blade Nzimande for his consideration. The judgment comes less than a week after the public protector established a probe into the UWC council for failing to act on complaints against Mdwaba.
Mdwaba also came under fire from Gamble, who said he would be failing in his duty to the university if he did not express concern about Mdwaba’s ability to properly discharge the important office. “As to his (Mdwaba’s) ability to serve on the council, the court is not called upon in these proceedings to make a finding in that regard for it is not an issue before the court and, importantly, Mdwaba has not been heard.
"Nevertheless, Mdwaba’s utterances during the meeting form part of the record before this court and have not been placed in issue. An investigation is therefore warranted.”
Gamble said UWC will once again incur significant legal costs.
UWC said it noted the judgment and will discuss its contents in its forthcoming council meeting.