The University of South Africa’s (Unisa) council is set make an urgent application in the North Gauteng High Court in Pretoria on Tuesday to interdict Minister Blade Nzimande from placing the institution under administration.
Earlier this month, Minister of Higher Education, Science and Innovation Blade Nzimande wrote to Unisa council chairperson James Maboa to inform the council of his intention to appoint an administrator due to adverse findings made in an independent report by independent assessor Professor Themba Mosia.
Minister Nzimande intends to exercise his powers in terms of Section 49B of the Higher Education Act, 101 of 1997, which empowers him to appoint an administrator. In terms of Section 49E of the Higher Education Act, the Council of UNISA will be dissolved upon the appointment of an administrator.
Nzimande explained the findings made by Professor Mosia together with the findings of a Ministerial Task Team (MTT) on Unisa, Chaired by Dr Vincent Maphai, drove his decision.
Why is Unisa being placed under administration?
Maladministration, poor financial management and an inept administration that disregards procurement processes were just some of the findings made by Prof Mosia in the independent report. Mosia’s scathing 300-page report was submitted to the DHET earlier this year.
Nzimande believes that the appointment of an administrator is crucial to ensure Unisa's optimal functioning and its continued contribution to higher education in South Africa. The MTT conducted a thorough review of Unisa's "mission drift," assessing its financial sustainability and readiness for the challenges posed by the Fourth Industrial Revolution.
Both reports recommended that Unisa be placed under administration.
They explained that the findings made in the report reveal financial and other maladministration of a serious nature that have significantly impacted Unisa's operational efficiency.
The Report reveals that the appointment of an administrator is in the best interest of Unisa and of higher education in an open and democratic society.
In addition, Mosia’s report also found that Unisa’s management committee is not working as a coherent team and lacks the maturity required to effectively manage a complex university.
Unisa council urges courts to intervene
Minister Nzimande’s decision to place Unisa under administration has sparked discussions and debates both within the academic and public spheres.
Unisa’s council has requested Minister Nzimande, to allow the court to rule on the independent assessor’s report before he makes his final decision on appointing an administrator for the institution.
Maboa is also asking the court for an order interdicting Nzimande from implementing any of Prof Mosia’s recommendation contained in his independent report. “The decision by the minister to act on the recommendations is premature," he stressed.
He said that council through their attorney addressed a letter to Nzimande on August 8 imploring him not to act under the guidance of the report “as it was impugned.”
It is abundantly clear that the decision to appoint an administrator is a fait accompli because he addressed correspondence to the Vice chancellors attorneys on August 11 indicating he is unable to wait for the review proceedings.
According to Maboa, Unisa and the council launched applications to review and set aside Prof Mosia’s report. “Both applications are pending.” He noted that Nizmande and Mosai had not answered to the review application by Unisa and the council.
“The council and Unisa have good prospects of success. The council filed a comprehensive review application. To date, the independent accessor and the minister have not filed any answering affidavits."
Initially Nzimande gave the council an opportunity to reply with written representations within seven days before the action he contemplated taking and indicated that he would consider it and take a final decision thereafter.
However, he recently agreed to extend the period for council to make representations to him to 30 days from the date of his notice.
The deadline for responses has now been extended to 4 September 2023.
