Public protector rules UCT, NPA at fault over student's drowning

Misverstand Dam Photo: Twitter

Misverstand Dam Photo: Twitter

Published Oct 3, 2019

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Cape Town – After a three-year battle, the parents of a UCT student who drowned in the Misverstand Dam during a training session with the university’s rowing team have found some closure after Public Protector Busisiwe Mkhwebane’s investigation found in their favour against the university and the National Prosecuting Authority (NPA).

Mosimanegape “Boyz” Madiba from Alberton was studying towards a BSc in astrophysics, chemistry and mathematics, with dreams of becoming an astronaut.

But UCT has rejected the findings and is to approach the courts to set it aside.

As Madiba’s family continued to push for answers about their son’s death last year, UCT hosted a commemorative event for the late student.

Mkhwebane’s report released yesterday found that UCT failed to provide safety measures at the drowning of Madiba in 2016.

“UCT had no safety measures or rules in place at the time of the drowning. It only implemented rowing Standard Operating Protocols in 2017 as a result of the incident,” Mkhwebane said.

She also found that the conduct of UCT constituted improper conduct and maladministration.

Mkhwebane also found that UCT unduly delayed investigating the incident as a presiding officer was only appointed to look into the circumstances that led to the incident 15 months after it happened. 

Furthermore, that report was only finalised in June last year, two years and three months after Madiba’s death.

Mkhwebane said the allegation that the complainants, Madiba’s parents, had suffered prejudice as a result of the conduct of UCT was substantiated.

“The complainants are distressed by the fact that their son, a young man, a promising student, drowned while in the care of UCT. They further submitted that this was the biggest loss of their lives,” she said.

The NPA was also found to have unduly delayed the reopening of an inquest into Madiba’s death.

“The NPA caused prejudice to the complainants in that the matter remains unresolved by its undue delay to recommend the reopening of the inquest to the minister. 

"The suspicion and mistrust by the complainants that there was negligence in the death of their son would remain. This would have a devastating effect on their wellbeing,” said Mkhwebane.

In her remedial action, she recommended that UCT’s adopted guidelines on rowing rules be submitted to Rowing South Africa within 30 days of the report.

Workshops on rowing rules must also be rolled out to novice and potential rowers.

She also recommended an ex gratia payment to the family for the loss of their son and expenses incurred to attend a memorial service at UCT.

Mkhwebane directed the National Director of Public Prosecutions to submit a recommendation to the Minister of Justice and Correctional Services within 30 days of the report to consider the reopening of the inquest.

Distraught father Motsiri Madiba said the experience had been very tough for the family.

“Losing a child, nothing in the world is more painful. I was never going to give up because I know I was right, I know my son. 

"They did not follow the rule of law and they do not want to admit what happened. If they followed the correct procedures, Boyz would have been alive today,” he said.

“I still don’t have closure because I don’t know what really happened to my son. He was supposed to be an astronaut, he got nine out of 10 distinctions. I only wanted the best for all my children,” he added.

UCT said it would challenge Mkhwebane’s findings.

UCT registrar Royston Pillay said: “UCT reaffirms its heartfelt condolences previously expressed to the family of the deceased and notes the statement of the public protector issued (yesterday). 

"UCT has obtained legal advice in respect of the public protector’s report, and it is advised that the findings are incorrect and will not stand up to judicial review. 

"The university is considering its options, including a review application to set aside the findings and, insofar as necessary, the remedial action proposed by the public protector.”

NPA spokesperson Eric Ntabazalila said he could not comment until he had consulted with the Director of Public Prosecutions and their national office.

Cape Times

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