Unisa’s poisonous correspondence
Claims of bullying and racism as varsity bigwigs get nasty
● Unisa has hit back at a report recommending disciplinary action against its vicechancellor, professor Mandla Makhanya, saying its findings and recommendations are “not factually and legally sound”.
The university council appointed retired judge James Yekiso to investigate grievances raised by professor Peter Havenga after the senior academic won an arbitration award against the institution for failing to address his complaints.
Havenga, Unisa’s executive director for academic planning, lodged several grievances with the university council in May 2018. In one of them he complained that charges of bullying and corruption had been withdrawn against Alice Mkuzangwe, a director in the directorate of academic planning, accreditation and registration.
He also complained about comments made during a protest on campus in April 2018 that he was a racist.
Yekiso recommended disciplinary action against Makhanya for “unlawfully” withdrawing charges against Mkuzangwe and said they should be reinstated.
Havenga, who was Mkuzangwe’s line manager, said he learnt in 2016 that staff in her department were complaining of being intimidated, bullied and victimised by her.
In May 2018, media reports quoted an employee in Mkuzangwe’s department telling the South African Human Rights Commission at a hearing on campus that she was a “heartless bully who made unreasonable demands” on her subordinates.
“One day I fell sick and vomited in the office; she refused that I go home and said I didn’t look sick to her,” the employee said.
According to Yekiso’s 43-page investigation report, dated May 6, allegations of misconduct that were investigated against Mkuzangwe included bullying, insubordination and negligence.
On November 17 2016, Makhanya approved Mkuzangwe’s suspension pending the finalisation of an investigation against her. A 90-day suspension that began on December 2 2016 was extended for a further 90 days on March 3 2017 and again in June 2017. But by December 21 2017, Mkuzangwe’s disciplinary hearing had not started.
Mkuzangwe lodged a complaint of unfair labour practice with the Commission for Conciliation, Mediation and Arbitration because she had been on suspension for longer than the statutory 180 days. A settlement agreement in March 2018 resulted in charges being withdrawn and her suspension lifted.
Yekiso said there was no evidence suggesting that before the settlement Makhanya had discussed the withdrawal of the charges with Havenga. Following the decision, protesters brandished placards “depicting professor Havenga as being anti-black, antiwomen and a racist and bully”, said Yekiso.
Makhanya placed Havenga, who has been at the university for 34 years, on special leave in April 2018 “for his own safety”. But Yekiso said “a completely different message” was conveyed to staff and the public.
“It is not in dispute that prof Makhanya conveyed a more damning message by informing them that prof Havenga was placed on special leave pending an investigation into allegations of racism, bullying and victimisation,” he said.
“In the eyes of staff and the public, prof Havenga was presented as a racist, bully, victimiser and guilty of the most horrific conduct against black women.”
Yekiso also recommended disciplinary action against staff “involved in making what clearly appears to have been false, defamatory and derogatory statements” about Havenga, and against Makhanya and staff responsible for preventing the prompt finalisation of Havenga’s grievance hearing.
Havenga’s lawyer, Gordon Hay, said it was “quite astounding” that Unisa had not acted on the judge’s report. “It shows an absolutely flagrant disregard for the recommendations,” he said, adding Havenga strongly denied allegations against him.
"The fact is that prof Havenga was protecting colleagues, mostly black women, against racism, bullying and victimisation."
Mohlopi Mapulane, chair of the parliamentary portfolio committee on higher education, said after Unisa’s council met on August 25 it informed the committee that based on legal advice, Yekiso’s findings and recommendations “are not factually and legally sound” and the judge acted outside his mandate and powers.
Mapulane said: “The council said the implementation of the recommendations will lead to the university acting unlawfully and therefore being exposed to legal risk.”
Unisa confirmed in an e-mailed response to Sunday Times questions that it had sought legal opinion from senior counsel on the “correctness” of the Yekiso report and this “highlighted the fact that the recommendations ... are not a judgment, order or award and may thus be either accepted or rejected by the person to whom they are addressed”.
It said the opinion pointed out that the recommendations “are in the nature of advice or suggestions, are not binding, are of no legal effect and therefore cannot be enforced legally. Failure to comply with the recommendations does not attract any contempt.”
On the issue of whether Unisa will be taking disciplinary action against Makhanya, Unisa said: “The legal opinion indicated that this recommendation was ultra vires the mandate of the investigator and Unisa was not obliged to follow it.”
Mkuzangwe did not respond to Sunday Times questions e-mailed to her through Unisa spokesperson Thomas Huma.