Cape Town - Incoming Public Protector Busisiwe Mkhwebane has opened an investigation into the UWC council for failing to act on serious complaints against its chairman, Mthunzi Mdwaba.
Weekend Argus has confirmed that Mkhwebane has opened an investigation into the council for not disciplining Mdwaba, whom the courts have declared delinquent.
It is understood that the matter is considered urgent, because it involves a major institution that is the recipient of significant state resources.
“The preliminary enquiry into the matter is under way. We foresee concluding the process before the end of December,” said Public Protector spokeswoman Kgalalelo Masibi.
The protector’s office confirmed yesterday that it was investigating the council, based on a complaint received from two council members, Songezo Maqula and Professor Brian Williams, who had been accused last year of inciting violent student protest.
The institution’s council withdrew Maqula’s suspension and Williams’s expulsion last week in court and agreed to pay all the costs of their application for reinstatement.
Before stating that he would deliver his judgment before the next UWC council meeting on December 1, Judge Patrick Gamble, who presided over the matter in the Western Cape High Court, addressed the issues of “a pattern of mis-governance” that had been raised by Alec Freund, counsel for Maqula and Williams.
“It concerns me that they (the council members) are not interested in what the courts have to say.
“The track record of this particular council does not engender great hope that it will not happen again,” he stated.
But even as it awaits Judge Gamble’s finding, the council will have to answer the public protector on the issue that gave rise to the suspensions, specifically their demand that the council act against and remove its chairman because he has been declared delinquent by the courts.
In correspondence to the protector just prior to their court appearance, Maqula, as president of the 70 000-strong university convocation, representing graduates and academic staff, stated: “Our submission is based on the failure and/or refusal of the UWC council to take the appropriate action to address the issue placed before the council that related to the delinquent status of the chair of council, Mr Mthunzi Mdwaba.”
Maqula further substantiated the complaint, stating that Mdwaba had been declared to be a delinquent director by the South Gauteng High Court in Johannesburg, which had found him to be guilty of “gross negligence and wilful misconduct”.
The complaint further calls upon the public protector to investigate the council for “lack of good governance, maladministration, abuse of power, and fruitless and wasteful expenditure that arises directly as a consequence of the decisions of the UWC council”.
UWC spokeswoman Luthando Tyhalibongo confirmed that the university council had received a letter from the Public Protector’s Office on November 10.
“UWC welcomes the engagement on this issue and UWC will provide the Public Protector’s Office with all relevant information in the interest of transparency and clarity.”
He went on to say that the two council members had been requested to submit written complaints to the council on this matter, that the university secretariat had reminded them to submit on numerous occasions, but that the council had not received any submissions.
“Despite not receiving written complaints, the council looked into the matter and requested a formal response from Mr Mdwaba.
“He provided the council with a response to their inquiry. The council has not finalised the matter, as the written complaints were not submitted,” Tyhalibongo said.
However, the question of who should be held responsible and who should act against the chairman, despite the damning ruling by the court, seems to be of issue, for Mdwaba represents a particular interest group.
This follows prescripts of the Higher Education Act, 101 of 1997 and the University Statute, which provides for certain members of the council to be nominated or elected by external bodies such as the minister of higher education, the premier, the mayor, organised business, organised labour or the donor community.
“The university does not control or influence the nomination or election of these external members of the council. Mr Mthunzi Mdwaba was elected by Business Unity South Africa (Busa), to represent organised Business South Africa,” Tyhalibongo said.
However, despite Mdwaba’s presence on the council being attributed to his election by Busa to serve as its representative, both Williams and Maqula, in their urgent complaint to the public protector, state that there are governance issues related to public institutions that cannot be compromised, and, if Mdwaba is found derelict in his duty through the investigation, the protector must make a binding recommendation on the council.
“The ruling of the South Gauteng High Court directly impacts on the issue of the credibility, integrity and trustworthiness of Mr Mdwaba as a member of the council and more so as the chairperson,” Maqula stated.
Weekend Argus