Maxwele hails ‘yet another victory’
STUDENT activist Chumani Maxwele claimed “yet another victory” over UCT yesterday after an independent disciplinary tribunal lifted UCT’s suspension against him.
Maxwele had been suspended by the university last month for allegedly racially abusing and threatening a lecturer.
The political science student – who flung excrement at the Cecil John Rhodes statue, sparking its historic removal from UCT – laid a counter- complaint against the lecturer, alleging that he was victimised and racially profiled.
The incident allegedly took place on May 1 and UCT provisionally suspended Maxwele on May 7.
A hearing followed and the provisional suspension order was made final on May 14, when Maxwele was handed a two-month suspension.
Maxwele’s attorney, Barnabas Xulu, appealed to the tribunal overseeing the hearing to have the final suspension order overturned.
UCT spokeswoman Gerda Kruger said the tribunal heard the appeal on Wednesday and ruled that “the suspension be set aside on technical grounds”.
Late on Wednesday night, Kruger said: “The basis for the decision is that the person subject to a provisional suspension order is entitled to a hearing within 72 hours to argue why the order should not be confirmed. The 72 hours expired at noon on Sunday, May 10.”
Kruger said the tribunal ruled that the provisional order expired and that the final suspension order was thus invalid.
Maxwele and Xulu accused the university of being “malicious”, saying UCT had neglected to share the tribunal’s findings with them yesterday.
“This is yet another victory for black students at UCT. This process has been flawed since its inception.
“They rushed to suspend me. There are so many loopholes in UCT’s procedures. They have also failed to properly address my countercomplaint,” Maxwele said.
On Maxwele’s counter- complaint, Kruger said: “On the morning of Monday, May 11... Maxwele gave a statement of complaint to the university’s investigations officer.”
Kruger had previously said that Maxwele’s complaint arrived 10 days after the alleged incident and investigators could find no witnesses to support his statement.
“This delay, as well as the content of his complaint, suggested that he did not feel any threat from the lecturer and no urgent action was required to be taken against the lecturer,” Kruger said.
The university’s statement lists the allegations made by the lecturer, but omits details of Maxwele’s counter-complaint on the basis that UCT had been “guided by principle in this matter”.
Asked if the principles used by UCT to protect the lecturer should be afforded to Maxwele, Kruger did not answer.
Maxwele is seeking an order interdicting the hearings in the Western Cape High Court, but UCT is set to issue a new provisional suspension order on Maxwele on June 15.
“This will be followed by a hearing within 72 hours, after which the provisional order will be confirmed, varied or set aside,” Kruger said.
Maxwele responded: “It is clear now that this is political because they took a chance and failed the first time around, and now they want a second bite.”
Xulu said: “They suspended my client on the basis that he is a potential risk to staff and students, yet they allow him to use the library.” UCT was violating Maxwele’s right to education, he added.
They have also failed to properly address my counter-complaint