UCT Vice-Chancellor Mamokgethi Phakeng
Cape Town - While the embattled UCT executive team made a U-turn,stating its support for an independent investigation into governance issues at the institution, the UCT Council has been served with a letter of demand.
The law firm Webber Wentzel sent the letter on Monday, addressed to the UCT Council on behalf of the UCT Academics Union, regarding the September 30 Senate meeting and the outcomes of a Council meeting on October 6.
The union said it believed the last Council meeting’s decisions were unlawful, and showed a conflict of interest and bias on the part of the Council Chair Babalwa Ngonyama, Vice-Chancellor Mamokgethi Phakeng and Deputy Chair of Council Pheladi Gwangwa.
Phakeng and Ngonyama were accused during a controversial Senate meeting on September 30 of having misled the Council meeting concerning the departure of deputy vice-chancellor Lis Lange.
The Senate has been accused of flouting its governance procedures by reading Lange’s letter, while protocol decreed it should have been submitted seven days earlier.
On Saturday Ngonyama issued a statement calling for an independent investigation, led by a retired judge.
The firm said its client demanded that a special Council meeting be convened within the next five days.
They want the Council to establish an independent panel, headed by a retired judge or someone of similar stature, to probe the allegations against Phakeng and Ngonyama.
However they do not want an investigation into the governance and procedural matters relating to the Senate meeting.
“(They must) reaffirm the integrity and the role of the Senate in the university’s governing structures. This Council meeting must be convened without the participation or undue influence of the Vice-Chancellor, Council Chair and Deputy Chair.
They must recuse themselves from all further processes related to the matters in which they have a conflict of interest, and may not receive any papers in relation thereto,” the letter stated.
The UCT Statute (including section 21 thereof), the Higher Education Act, 1997 (including section 27(7)(e) thereof), conflict of interest policy and the common law cannot be any clearer in this regard.
“Should the actions demanded in this letter not be taken by October 17 2022, or if further unlawful decisions are made, our client intends to institute legal proceedings, and reserves the right to do so on an urgent basis,” the letter stated.
UCT spokesperson Elijah Moholola said the Chair of Council had already called for an independent investigation, led by a retired judge, to look into the issues.
Cape Times