Dark deeds still lie dormant at UWC

“ALL the darkness in the world cannot extinguish a single light”, a pearl of wisdom which closely resembles an African proverb that states only light can melt the darkness.

This idea about light is similar to the notion of “making the injustice visible”.

Wednesday was the first anniversary of the historic reportable ruling of Judge Patrick Gamble.

The November 15 ruling last year, was a light that shattered the dark deeds of the UWC Council, the highest executive power at the university.

Professor Brian Williams and Songezo Maqula, two ethical leaders consistently questioned irregularities and abuse of power at UWC.

They were then falsely accused of promoting violence during the October 2015 student protests and unlawfully suspended and expelled from the UWC Council.

This unlawful decision was backed by the UWC administration. The rector, Professor Tyrone Pretorius, diverted funds for legal costs to defend the case in the High Court. Punitive costs were awarded against UWC.

The former Higher Education minister, Blade Nzimande in a letter to UWC commented “the Council incurred unnecessary and avoidable legal costs”.

In his ruling Judge Gamble stated: “I must record that more than 20 years into the constitutional state it is deeply troubling to read of the blatant disregard on the part of the majority of members of the council for the rule of law.

“Chief amongst these are the chair and Mr Tabane… they seem to have lost sight of the fact that our country is a constitutional democracy where the rule of law prevails.” (http://www.saflii.org/za/cases/ ZAWCHC/2016/198.html)

The court reinstated Williams and Maqula. Judge Gamble’s ruling contained a number of directives but a year later there is no evidence that any of these have been implemented by the UWC Council.

One directive involved Mthunzi Mdwaba, the chairperson of Council, who was declared a delinquent director by the South Gauteng High Court and failed to disclose this fact.

Judge Gamble stated Mdwaba was “duty bound to disclose the findings of the High Court against him to the Council…”

The judge (para 63) said: “I would be failing in my duty to the university and its funders if I did not express my concerns about the ability of Mdwaba to properly discharge the important office of chairperson of Council… and that consideration should be given by the relevant authorities for his suitability to further serve on Council.”

The November 15 directive last year, that Mdwaba should be investigated resulted in Prof Pretorius obtaining a legal opinion on November 18 last year, on whether a delinquent director was disqualified from serving on the Council.

The terms of reference of the opinion is ridiculous. There is nothing in the statutes that specifically prevents a delinquent director, or a racist, or a paedophile or a thief, or a sexist or a neo-nazi from serving on the Council.

As far back as a council meeting on November 27, 2015, Prof Pretorius opposed the establishment of a sub committee to investigate the failure by Mdwaba to reveal his delinquent director status. (Source: page 364: November 27, 2015 transcript).

Mdwaba continues as Chair of Council, with the backing of Prof Pretorius, two years since the delinquent director issue was placed on the Council’s agenda on November 26, 2015.