The North Gauteng High Court in Pretoria has instructed Higher Education Minister Blade Nzimande to rescind his notice of intention to place the University of South Africa (UNISA) under administration.
Blade Nzimande authority compromised by urgent court ruling
This development emerged following an urgent high court application lodged by UNISA’s council on Thursday, subsequent to Nzimande’s disclosure of his plan to announce his final decision on Friday.
This court order has momentarily stymied Nzimande’s course of action, which was initially propelled by escalating concerns regarding alleged financial mismanagement and maladministration within the university.
Previously, a series of independent evaluations had flagged significant issues pertaining to UNISA’s financial and governance affairs, pushing Nzimande to issue a stern ultimatum to the university council for a compelling justification against the proposed administrative takeover.
RelatedPosts
Here’s why UNISA was placed under administration
Ishmael Mnisi, the spokesperson for Nzimande, shed light on the scenario explaining that the decision had been deferred “on mutual agreement that the period for written representations be extended to 4 September.”
He further expounded that despite the extension, no substantial response was received from the UNISA council for over a month, a period during which the council seemingly carried on with its regular operations undeterred by the looming decision.
Mnisi expressed that the council appeared to operate as if there was no pending decision, a stance that seemingly exhibited a lack of urgency or acknowledgement of the gravity surrounding the allegations of financial and administrative improprieties.
This lack of a substantial response from UNISA’s council was seen as a significant factor leading to Nzimande’s initial resolve to proceed with placing the institution under administration.
However, with the recent court order, the trajectory of UNISA’s governance and administrative overhaul has hit a judicial snag.
This move by Nzimande is primarily spurred by the findings of the Independent Assessor’s Report, which unveiled evidence of malfeasance against Vice-Chancellor Professor Puleng Lenkabula, alongside identifying UNISA’s failure to fulfil its mandate.
“We are holding different positions because it involves the aspects of the law that require our governance systems and compliance systems. And therefore, if the minister announces on something, we then use a relieved requisite. It is not our responsibility to undermine that. If there is something the university has to account for, there are mechanisms, the engagement with the department and the minister,” Lenkabula said at the time.
The university, however, has repudiated these findings, asserting that it was not on the brink of collapse as implied by the report.
