Students interdicted from protesting
STUDENTS and lecturers at the Northern Cape Urban TVET College, along with a group of unidentified persons, have been prevented from staging any protests outside of the college’s campuses, with immediate effect.
Northern Cape High Court Judge President Pule Tlaletsi yesterday granted an urgent interim interdict to prevent the burning of rubble and tyres within 500 metres of the college’s City, Phatsimang, Moremogolo campuses and the central office in Long Street.
This follows almost a month of protests at the campuses, where classes have been disrupted.
The order prohibits the assault, intimidation or holding of any staff member against their will, damage to property and the blockading of access points into the campuses.
Central to the students’ grievances is the deployment or placement of lecturers who were appointed on January 28 to replace lecturers at the three campuses whose contracts expired in December last year.
According to the college principal, Brian Madalane, the protests have disrupted classes as well as the national examinations that should have taken place this month.
Madalane added that he was threatened and demands were made for him to resign.
He indicated that he and other staff members were threatened from entering the workplace, where they feared for their safety.
He pointed out that there was no student representative council (SRC) as elections for the academic year had not taken place yet.
In court papers Madalane added that students were protesting under the guise of Nehawu, which is participating in a protected strike, where classes were disrupted, while students and staff were intimidated and threatened.
“National exams were disrupted and students were taken out of classes. Urgent steps need to be taken for exams to proceed.”
He indicated that the delay to the examinations would have a “knock-on effect” where students would suffer financial consequences if they do not pass, with the National Student Financial Aid Scheme not willing to grant them more bursaries because they had not written their exams.
“The institution will also suffer damages to its reputation.”
The persons cited in the interdict indicated that they had not been provided with copies of the court papers
“We request the court for seven to 14 days in which to obtain legal representation. We were not even properly informed about having to be in court. To our surprise, we have been cited as parties in court papers.”
They believed that it was a case of “mistaken identity” as they denied any involvement in any damage to property, intimidation or burning of tyres.
“Some of us were not in Kimberley at the time of the strike. Nehawu has embarked on a protected, national strike and members have a right to participate fully. We are not the ones disrupting classes yet we are being victimised.
“If the charges were so serious, why were no criminal charges opened against the persons who damaged property. Information is being fabricated to restrict us from participating in activities of the union. The interdict infringes on our right to association.”
Judge Tlaletsi pointed out that the interim interdict served to prevent any unlawful action.
“The court will have to consider if the allegations prove to be true and has a duty to ensure that everything remains normal between the parties until the case can be argued in court on March 8.”
He said students and lecturers would be allowed to attend classes and legitimate school activities.
He also indicated that the court order had “nothing to do with employees exercising their rights” in terms of the Labour Relations Act.
“It also has nothing to do with the grievances raised in the memorandum or the administration of the college. The interim interdict is based on conduct that appears to be unlawful.”