The University of South Africa (Unisa) has welcomed the Gauteng High Court, Pretoria, ruling which has interdicted minister of higher education, training and technology, Dr Blade Nzimande, from placing it under administration.
On Thursday, Nzimande announced his intention to place Unisa under administration on Friday.
However, the university through the High Court was able to lodge a successful application stopping the minister from appointing an administrator to take over the running of the embattled institution.
A notice dated Wednesday, October 4, indicated that the minister intended to “publish and implement his decision regarding the Unisa council”.
This notice was followed by a statement by Nzimande’s spokesperson, Ishmael Mnisi, on Thursday confirming that Nzimande would make the announcement on Friday.
Following a successful interdict, Unisa issued a statement welcoming the the High Court order that interdicts the minister from acting on the recommendations of the independent assessor report compiled by Professor Themba Mosia.
The university said the order reaffirmed an earlier order by Justice Adams on August 24, 2023, and added that it felt vindicated by Friday’s court order.
It said a similar conclusion was reached by the court on August 24, 2023, after Judge Adams ordered that “pending the finalisation of the urgent application the first respondent (the minister) should desist from acting on the report by the independent assessor Professor Themba Mosia who had recommended that it be placed under administration”.
Furthermore, Unisa said it had always been of the view that the report by Mosia had erred in its finding against it.
“Unisa has always maintained that the report of the Independent Assessor is fundamentally flawed, and its recommendations totally misplaced. For that reason, the university has taken the report on legal review to be set aside,” it said.
The university said in light of these circumstances, it would have been premature for the minister to act on the recommendations of the report.
“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,” Unisa said.
The university said the current legal tussle between itself and the minister will not impact negatively on its academic activities as well as its programme.
“We hope that our students will be afforded the opportunity to focus on their final examinations which are currently under way, without any form of anxiety or disturbance. The academic programme must be hoisted and protected all the time.
“Further, we look forward to welcoming all our new students in the new academic year 2024 and appreciate their choice to study at the University of South Africa – the university of the land,” Unisa said.
Attempts to get comment from the minister were unsuccessful at the time of going to print.
This is a developing story.