Cape Town - Two senior members of the University of the Western Cape’s council have been slammed in a Western Cape High Court ruling, which said both were unsuitable to serve on the council.
In a scathing judgment, Judge Patrick Gamble ordered Minister of Higher Education and Training Blade Nzimande to consider appropriate steps against the two.
Judge Gamble questioned UWC council member Onkgopotse JJ Tabane’s “opportunism” and council chair Mthunzi Mdwaba’s “corporate delinquency”.
The pair were believed to have led the onslaught against former UWC council chairman Brian Williams and former president of the convocation, Songezo Maqula.
Williams and Maqula were respectively expelled and suspended for allegedly inciting students during a #FeesMustFall meeting at the campus in October last year.
In his judgment, Judge Gamble restored Williams and Maqula as full members of the council, granting them the full extent of the relief sought.
Singling out Tabane, Judge Gamble said his “opportunism has caused the university financial and reputational embarrassment and an enquiry into his fitness to hold office is justified”. He added it was a matter of urgent importance that consideration be given by the relevant authorities as to Mdwaba’s suitability to serve on the council in light of an earlier court judgment which disqualified him under the Companies Act from assuming stewardship over any company, for a period of seven years.
Judge Gamble stressed: “UWC will once again incur significant legal costs at a time when the public purse is stretched and the clamour for a reduction in the cost of higher education is at its loudest.”
Judge Gamble said the legal costs could have been avoided if the chair had conducted himself in accordance with the most basic principles of good governance, taken counsel from others who acted with due diligence and enforced observance of a fair procedure.
Williams and Maqula said they had not ruled out the possibility of further legal action, including criminal and defamation suits. “This is a classic example of structural violence being used against critics,” Williams said.
Williams said UWC’s Accounting Officer Professor Tyrone Pretorius was also complicit since he was aware the decisions against them were unlawful.
Maqula, in turn, said they were falsely accused of promoting violence when in fact they were trying to promote peace.
“Wherever we are we must fight injustice. The council should be held accountable,” he added.
UWC spokesman Luthando Tyhalibongo said it noted the judgment passed yesterday and that the university’s council would be discussing the matter at its forthcoming meetings.
Cape Argus