Higher Education Minister, Blade Nzimande, has expressed his intention to abide by a court order to not place Unisa under administration, pending the finalisation of an interim interdict.
Unisa’s Council approached the Gauteng High Court in Pretoria with an urgent application on Thursday, after it came to light that Nzimande was going to announce and publish a plan last Friday to place the university under administration.
A notice from Nzimande’s spokesperson, Ishmael Mnisi, said the minister intended to “publish and implement his decision regarding the Council of Unisa”.
“The minister delayed making his decision on mutual agreement that the period of the written representations be extended to September 4, 2023.
“Being mindful of the legal and administrative requirements, the minister awaited the response of the Unisa Council and nothing of substance happened for more than a month.”
Mnisi said the Council had gone about its business as if there was no pending decision, and “the minister cannot wait indefinitely without taking a decision.”
The matter before court follows reports by independent assessor, Professor Themba Mosia, and the ministerial task team, chaired by Vincent Maphai, that raised concern over maladministration, financial sustainability and the university’s future.
Judge Harshila Kooverjie declared that Nzimande’s notice to act, issued by Mnisi, was in breach of another order issued by Pretoria High Court Judge Leicester Adams in August 2023, which prohibited the minister from acting on Mosia’s recommendations until the cases relating to his report had been finalised.
Kooverjie interdicted Nzimande from taking any action in respect to his notice and ordered him to pay Unisa’s legal costs.
Welcoming the court decision, Unisa’s spokesperson Tommy Huma said the university always maintained that the report of the independent assessor was fundamentally flawed and its recommendations misplaced.
“For that reason, the university has taken the report on legal review to be set aside. Until the side of the university is properly heard in a legal review, in a court of law, the university believes that it is premature for the minister to implement the recommendations of the independent assessor.
“Unisa also believes that the institution of an administration is not necessary and may only serve to harm the university,” said Huma.
According to Huma the academic programme of the university remained intact and its finances were healthy.
Nzimande said he would abide by the ruling, however, he was concerned that although the order granted in August noted the urgency of the matter, the court has not demonstrated any sense of urgency in finalising it.
“It is now more than a month that transpired and the matter has not yet been heard by the court, however, the court is able to hear an urgent application by Unisa.
“To me, this resembles an inconsistency in the application of the principle of ‘urgency’ or prioritisation of issues by the court,” he said.
Nzimande further expressed concern over how the South Africa court system was being “used, in this instance, to curtail his executive authority” as provided by the Higher Education Act.
Cape Times