The Herald (South Africa)

NMMU parents not giving up

Captu to appeal after failed high court bid

- Athena O’Reilly oreillya@timesmedia.co.za

AGROUP of concerned parents who failed in their legal bid to force NMMU to reopen its doors, discipline protesting students and implement more security structures on campuses earlier this month, will appeal to the Supreme Court of Appeal.

The Concerned Associatio­n of Parents and Others for Tertiary Education at Universiti­es (Captu) says it believes NMMU will not resume with the academic programme next year because of the #FeesMustFa­ll movement’s actions and threats.

Captu chairman Kobus Gerber said in a letter to all affected parents that the associatio­n had a strong case.

“This situation is not only untenable, but morally unacceptab­le and legally questionab­le,” he said.

“Therefore, we cannot afford to let the High Court judgment stand without appealing to the Supreme Court of Appeal.

“A lack of action on our part will have far-reaching consequenc­es for tertiary education and will play into the hands of the #FeesMustFa­ll movement, other protesters and the lame authoritie­s who prefer to adopt an appeasemen­t policy.”

NMMU, which abided by the previous court order, submitted by Captu, has put measures in place to ensure that its students can complete their studies.

While thousands of students are grabbing the opportunit­y to finish the year, Captu argues that this plan is only a temporary solution to the bigger issue.

“The dire consequenc­es for all NMMU students are plain to see as most students and parents have suffered emotionall­y and financiall­y, and the effects of this lawlessnes­s will only get worse,” Gerber said.

“The #FeesMustFa­ll movement has . . . indicated that, as long as its demands are not met, it will continue to close down NMMU through its unlawful actions.

“Since the government has indicated that there is no funding available to meet these demands at the moment, it is a given that the closure of NMMU will continue into next year.”

NMMU spokeswoma­n Zandile Mbabela said the university, which received the notice of appeal yesterday, was still studying the documents.

“Captu will have to apply in court for leave to appeal and the university will oppose any such applicatio­n,” she said.

“The university is confident that the judgment by the Grahamstow­n High Court in its favour is sound in law and in fact.

“The appeal is therefore moot as the academic year is being completed, with examinatio­ns starting today.”

Wheeldon, Rushmere and Cole senior director Brin Brody, who will represent Captu, said it stood a good chance of winning its case.

Last night’s Captu public meeting was postponed to next Thursday, at Verkenner Primary School in Linton Grange.

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