UWC debacle misuse of power

MY VIEW as a graduate of the University of the Western Cape is that speaking truth to power is an obligation we have in order to protect our society from ruin by those entrusted with public power. Public accountability at public institutions must apply to those entrusted with public power. It is our duty to hold accountable those who abuse power, a form of corruption.

Higher Education Minister Blade Nzimande has reminded us about public accountability. In a strongly worded communiqué, dated August 15, 2017, to the council of the UWC, the minister aligned himself to a ruling by Judge Patrick Gamble of the Western Cape High Court last year. Nzimande’s letter raises alarm at the unlawful conduct of the UWC council and describes the judgment as “an embarrassment to the council”, expressing disquiet at the “labelling and treatment” of Professor Brian Williams and Songezo Maqula, the victims of unlawful conduct by council, and concern at “unnecessary and avoidable legal costs incurred”.

Two ethical and incorruptible council members who were elected by the UWC convocation, Williams and Maqula, protected the interests of the university during student protests in October 2015. At a “Prayers for Peace” gathering on October 31, 2015 they joined spiritual leaders who called on students not to damage the university. They urged students to conduct themselves with dignity.

However, four weeks later, they were falsely accused at a meeting of the council of inciting violence at the gathering. Anonymous sources, in an unsigned document on the letterhead of the Student Representative Council, made scurrilous allegations. Despite no facts to support the allegations, the two were unlawfully suspended on November 25, 2015 and expelled on June 30, 2016.

Mlungisi Noludwe, former president of the convocation, stated “Professor Williams and Maqula are incorruptible critical voices”.

Judge Gamble in his ruling said: “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.” Punitive costs were awarded. The unlawful action by the council amounted to corruption in that it was “misuse of entrusted power” and “wrongdoing on the part of an authority or powerful party through means that were illegitimate and incompatible with ethical standards”.

Those who caused so much damage to the university should not be allowed to escape public scrutiny.

This was not the first time the UWC council lost a case at the High Court, wasting funds on legal costs. Yet council and its members have escaped public sanction. Nzimande, in his letter, says, “Needless to mention that as a result of the manner in which the Council handled the purported suspension and expulsion of Williams and Maqula, the judgement was not only embarrassing to the council but the council incurred unnecessary and avoidable legal costs.

“I must also record my serious concern regarding the High Court judgement against Mr Mdwaba, the chairperson of the council in the Msimang case wherein he was declared a delinquent director in terms of the Companies Act, 2008. As a result of this judgement and other inappropriate conduct by the chairperson and certain members of council, Justice Gamble recommended I consider taking appropriate steps against the chairperson and other members of council.”

Nzimande also said: “… the remarks by Justice Gamble are disquieting, especially the manner in which Williams and Maqula were labelled and treated by the chairperson and certain members of the council…”

Judge Gamble stated: “The chairperson is meant to keep the council in check and… the chair does not lead the charge to demonise and damnify members of the council with whom he disagrees.”

Williams and Maqula had proposed the delinquent director status of Mdwaba and the alleged non-disclosure of this status to the council, be placed on the agenda of its November 25, 2015 meeting. According to Nzimande, the legal costs incurred “were unnecessary and avoidable”.

Professor Tyrone Pretorius is the bearer of actual institutional power as chief executive of the university. He is the person who should have obtained an independent legal opinion prior to committing university resources to protect the unlawful decision against Williams and Maqula. There is no evidence that he did so.

Of public interest is whether those who took this decision will pay the legal costs or whether taxpayers will end up footing the legal bill?

There should be an independent determination to identify the role of each of the UWC council members in the unlawful removal of Williams and Maqula. Isaacs is a veteran educator who is an alumnus and convocation member of the UWC.