Court orders students to dial it down

WSU plea for interdict on violent protest granted

WALTER Sisulu University was yesterday granted an urgent interim interdict to stop its student body from assaulting and intimidating staff and security, disrupting academic activities or damaging and stealing university property.

Three WSU campuses have been under siege in renewed #FeesMustFall student protests that began last week at the university’s Nelson Mandela Drive campus in Mthatha with a blockade of the busy N2 outside campus.

Police fired rubber bullets when the students disrupted nearby schools.

In Butterworth’s Ibika campus, 10 students including the campus SRC president were arrested on Friday on charges of malicious damage to property. They appeared in the Butterworth Magistrate’s Court on Monday and will be back in court on September 30.

WSU registrar Khaya Maphinda says in an affidavit to the Grahamstown High Court that students at its Mthatha, Butterworth, and East London campuses had engaged in unruly and unlawful conduct in the past week.

He said while student anger was because of the actions of the education ministry and proposed fee increases at higher education institutions – over which WSU had no control – students were directing their fury at WSU, its property, staff and facilities.

Some 23 students in Mthatha were arrested last week in possession of petrol canisters and were charged with public violence, obstructing traffic and arson. They had blockaded the main road into Mthatha from Idutywa, causing what Maphinda described as chaos and inconvenience to commuters.

Students from Butterworth campus had been arrested for housebreaking and theft after students broke into, vandalised and stole from kitchen and kiosk facilities, causing hundreds of thousands of rands worth of damage.

Others had been arrested for public violence and malicious damage to property. All academic activities were cancelled at both Mthatha and Butterworth campuses after academic and administrative staff were evicted.

“Staff fled the campuses fearing for their personal safety and the safety of their vehicles and have not returned.” Staff also fled the Buffalo City campus. Exams had also been disrupted. He added that there had been more violence and looting this week.

The university feared its new buildings at their Nelson Mandela Drive campus would be targeted and damaged. Unless an interdict was granted they feared serious injury to students and damage to property. “There are many students who do not wish to engage in the protest action but are coerced by threats and intimidation.”

He said the Komani (Queenstown) campus was quiet but it was likely a matter of time before the protest action moved there. The university recognised the students’ right to air grievances but said they should do so responsibly.

“[WSU] will not tolerate acts of malicious damage to its property – which is, after all, publicly funded – and acts of intimidation and violence, none of which are lawful.” He said they sought only to interdict unlawful behaviour and added: “There can never be any justification for destruction of public property and violence.”

Advocate Dave de la Harpe instructed by Drake, Flemmer and Orsmond attorneys in East London and Netteltons attorneys in Grahamstown moved the urgent application.

Judge Clive Plasket granted the interim interdict and gave students until October 20 to show cause why it should not be made permanent.

A commission appointed by President Jacob Zuma and led by Judge Arthur Heher is still holding public consultations on fees. A preliminary report will be submitted to President Zuma in November and a final report by June next year.