I’m still part of LUCT - expelled student
MBABANE – Senetiso Mamba, who is the Electoral Officer (EO) at Limkokwing University of Creative Technology (LUCT), says the institution is well aware that he is a student of the university.
Mamba was responding to the application filed by the LUCT at the High Court, seeking to prevent him from entering its premises.
LUCT wants the court to direct Mamba to refrain from participating in student affairs and activities and to keep a distance of 100 metres from the institution’s main gate. LUCT further applied that its prayers should operate until October 2022, when Mamba would be eligible to register as a student.
The university accused Mamba of, among other things, being involved in convening a supposedly unauthorised meeting of the student body, where he was allegedly involved in manhandling the head of the institution’s security.
Hostage
He was also accused of allegedly participating in holding hostage the Campus Director, Tfobile Gumede, staff members and other students on June 7, 2022.
In his answering papers, Mamba, who is represented by Siyabonga Zwane of Sithole and Magagula Attorneys, told the court that the prayers sought by LUCT were incompetent. He submitted that he was a student and had enrolled in the course of Business Information Technology (BIT).
He said he was doing second year and in the fourth semester. Mamba stated that he had been attending lectures, both face-toface and online, since the commencement of the semester.
Impossible
“It is, therefore, impossible that I cannot attend classes as that will be prejudicial to my education,” said Mamba.
He informed the court that he had been attending lectures and his lecturers had allegedly been religiously emailing him assignments and tests for consideration.
Mamba said this was proof that he had been attending lectures. He pointed out that his desire was to further his studies and he should not be interdicted from attending lectures.
“I am presently doing five modules this semester. I, therefore, cannot be interdicted from attending classes. In the event the prayers are granted, same would have a negative impact in that I would be required to repeat the whole semester,” Mamba said. He also stated that LUCT approached the court prematurely. The EO alleged that the institution was well aware that he was a registered student.
He mentioned that he was running students’ affairs in his capacity as the EO, a position he said he was democratically elected to.
“It would, therefore, be impossible that I be prevented from executing my duties. I further submit that the applicant (LUCT) has not exhausted internal remedies to resolve the dispute.”
He also highlighted that the university would have objected to his election as the EO if it felt he was not a student. Mamba said it was clear that the university had not concluded its investigations and that it was premature to approach the court.
The urgency with which the university approached the court, according to Mamba, was self-created.
He explained that the term of office for the student representative council (SRC) lapsed and he assumed the position of running the affairs of students, ever since his election as the EO. He submitted that he was the one dealing directly with management and engaging the university by virtue of his position as the EO.
According to Mamba, on July 6, 2022, he received a phone call from the brother of the late Phephisa Madonsela, who informed him that the latter had died.
He said he approached the management of the university in his capacity as the representative of the students and informed them that Madonsela had died.
Mamba stated that he requested for funds from the institution to bury the deceased since his family did not have means to proceed with the funeral.
“Surprisingly, the school duly informed me that it does not recognise the deceased as a student because he is not yet registered as a student. I then relayed the response of the university management to the students.
“The students became angry and demanded answers from the student services department (SSD). Even the police arrived and they were informed about what was happening. I tried all means to calm down the students but all was in vain as they were desirous to go to the SSD’s office,” Mamba told the court.
He also submitted that on July 7, 2022, while at his residence, he received a phone call from one Simemo Dlamini, a SRC member who is yet to assume duties, informing him that the students had boycotted lectures.
Situation
“I rushed to the school to try and calm the situation. I found the students at the SSD’s office by that time. I tried to prevent them from vandalising school property as they were banging the glass door at the SSD’s office,” he added.
The EO said he informed the management of the university that the students were demanding a resolution on the position of the school regarding the burial of Madonsela.
He informed the court that it was not true that he was the one who incited the students to be unruly. He pointed out that the students wanted the university to facilitate their attendance of the funeral of the deceased. Mamba said he had been in constant contact with the university management on the students’ affairs.
Hostage
He denied locking the main gate and holding any staff member hostage. Mamba said he only went to reason with the students who were banging the SSD office door.According to the EO, he never locked any gate and he knew nothing about any padlock.
“I strongly believe that the only efficient dispute resolution medium is a dialogue. Violence doesn’t exist in my vocabulary,” Mamba said.
Meanwhile, the EO is alleged to have locked the main gate of the university with a padlock, preventing everyone from entering or leaving the premises.
In her affidavit, Gumede Campus Director, alleged that later on the day, she personally saw Mamba retrieving keys from his pocket and that the padlock used to lock the gate did not belong to the university.
LUCT is represented by Qondile Dlamini of Musa M. Sibandze Attorneys. The matter will proceed on August 3, 2022.
Mamba is further alleged to have been involved in damaging the university’s property and it was also discovered that he had not registered with the university for that semester.
Completed
Gumede told the court that the module that Mamba had not completed for the academic year was only open for registration around October, 2022.
She said the EO was served with a notice notifying him that he was being investigated in relation to his status as a student and the misconduct that he allegedly committed on July 7, 2022, in a letter dated July 13, 2022. She alleged that he refused to adhere to the notice.
The applicant further stated that on July 14, 2022, the student did not enter the campus but forcefully opened the gate for other students to come in, damaging the institution’s gate. Mamba is said to have been in the forefront in leading student riots that broke out within LUCT’s premises at all material times.
Violating
The applicant further cited that the actions of Mamba were violating the rights of the institution to conduct business without any intimidation and up or disturbance of their operations, and without fear of damage to property. Gumede stated that is was the university’s right to prevent damage to property, especially when Mamba had allegedly verbalised a threat to burn down the institution.
The campus director stated that the university had no alternative remedy than to approach the court on an urgent basis for redress, since Mamba had reportedly refused to comply with the notice barring him from entering the institution and that he continued to be on the premises despite receiving the letter.