Cape Town –The UWC Convocation elections held on June 3, 2017 have been declared unlawful and set aside by the Western Cape High Court.
While Judge Jody Kollapen found that the elections were free and fair he also found that they were not compliant with the statute requiring convocation members to inform the Registrar in writing of their intention to vote before being allowed to vote.
“I am of the view that the allegations that the elections were not free and fair are not sustainable and must be dismissed,” said Judge Kollapen.
The two members of the convocation affected by the ruling are Judge Nathan Erasmus and Reverend Llewellyn Macmaster.
The two were respondents in a case brought against them and the university by two members of the convocation, Sinazo Raphahlela and Sihle Masika. The case involved the convocation electoral processes by the UWC administration, under the leadership of the Rector, Tyrone Pretorius and the Registrar, Nita Lawton-Misra.
In their case, the applicants the applicants had asked the court to direct the council to convene an urgent meeting within two weeks of the judgement to hold fresh elections,
However in his judgement. Judge Kollapen said: “Given the size of the council as well as the very short period of time between this order and the next election date in October this year, an order of setting aside is unlikely to have any effect on the functioning of council between the date of this order and the next election of convocation.”
The three-year terms of the current convocation representative on the council come to an end in November 2020, and the elections for 2021 to 2023 representatives will take place electronically in October 2020.
“This order shall be prospective and not have any retrospective effect and shall not in any manner affect the workings and the validity of any decisions of the council of the university taken before the date of this order,” said Judge Kollapen.
On the issue of Judge Erasmus’s candidature, Judge Kollapen said the case advanced by the applicants was “lacking in factual or legal force”.
Judge Kollapen awarded costs against the applicants for their allegations against Judge Nathan Erasmus.
UWC spokesperson Gasant Abarder said the university welcomed the fact that the judge found in favour of the university in four out of the five points.
“The judge found that the elections were free and fair but not compliant with the statute requiring convocation members to inform the Registrar in writing of their intention to vote before being allowed to vote,” said Abarder.
“UWC has always advocated inclusive participation... The court found that the decade-long standard practice of allowing members attending the convocation AGM to vote in person was not compliant with the university statute.”
Cape Argus