Durban - The University of KwaZulu-Natal wants to bring legal action against a person who has made serious allegations about the institution’s finances and leaked a confidential report in an e-mail to the Science and Technology ministry.
The e-mail had also been sent to a professor at another university.
On Monday, the university brought an application against internet provider MWeb in the Durban High Court and Judge Mahendra Chetty granted an order, that was not opposed by MWeb, which ordered it to reveal to the institution the identity of the subscriber who sent the e-mail in April this year.
The university said after it was made aware of the e-mail, it instructed its head of forensic services to investigate the matter and investigations revealed that MWeb was the service provider for that e-mail subscriber.
The university said it had to come to court to obtain the identity of the subscriber because MWeb, in correspondence with the institution, said in terms of legislation it could not provide subscriber information to third parties.
MWeb said it could only provide such information under certain circumstances, including if required to do so by a court order.
The e-mail, sent from a Gmail account and which formed part of the documents before the court, alleges that the university is “bleeding money” and tenders are being awarded without “measures in place”.
“The state of the finances at the University of KwaZulu-Natal is in total disarray and is on the brink of collapse,” the e-mail alleges.
It also contained an attachment of an internal audit report from the institution that the university said had been leaked.
The university said in its court papers that the e-mail was defamatory and libellous, and contained a report that had been unlawfully obtained and leaked to other parties. In an affidavit before the court, the university’s acting registrar, Baatile Poo, said that last January, PwC was appointed as the external auditor.
Auditing firm KPMG, which had also tendered for the contract, wrote to UKZN and claimed that the tender process, including the award, had not been in compliance with tender procedures.
He said the university’s risk and audit committee then instructed the institution’s internal auditors to conduct an audit to review the tender process.
The report was then sent to the university’s chief financial officer.
In April this year, UKZN vice-chancellor Albert van Jaarsveld received correspondence from a colleague at another university which stated that an e-mail alleging financial problems at UKZN had been sent to him.
The e-mail was also sent to the personal assistant of Science and Technology Minister Naledi Pandor.
Poo said it was imperative for the sender of the e-mail to be identified in order for the applicant (UKZN) to institute proceedings against the person or persons responsible for leaking its confidential information.
“Only once the applicant (UKZN) is in possession of such address will it be in a position to take the necessary action against the party. In all likelihood, legal proceedings will be instituted against such person.”
Poo said the e-mail brought the university into disrepute as it alleged that there was financial maladministration taking place.
“The applicant relies on its reputation for integrity. It cannot afford for its reputation to be brought into disrepute. The impact of such defamatory and unlawfully obtained material because of the nature of its publication is likely to have a greater more entrenched impression in the mind of the reader.”
Approached for comment on Monday, UKZN’s Lesiba Seshoka said the university had no further comment on the matter.
The Mercury