By Lehlohonolo Lehana.
Higher Education Minister Blade Nzimande has been interdicted from placing the University of South Africa (Unisa) under administration.
The Gauteng High Court in Pretoria handed down the order on Friday, after an urgent High Court application by Unisa’s council.
The order comes after Nzimande served a notice of his intention to place the university under administration on Thursday.
Nzimande’s spokesperson, Ishmael Mnisi, said on Thursday the minister delayed his decision “on mutual agreement that the period for written representations be extended to September 4”.
“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 been going about its business as if there was no pending decision.
The minister cannot wait indefinitely.”
Nzimande’s decision to place Unisa under administration follows reports from independent assessor Prof Themba Mosia and the ministerial task team report on Unisa chaired by Vincent Maphai.
Mnisi said Nzimande was satisfied Mosia’s report revealed financial and other maladministration of a serious nature and serious undermining of the effective functioning of Unisa.
However, Judge Harshila Kooverjie ruled Nzimande’s notice of intention was “in breach” of an order of the court granted by judge Leicester Adams on August 24.
Adams ordered Nzimande not to act on the recommendations of the Mosia report until two separate applications challenging it are finalised.
Nzimande’s move came amid concerns over governance at the country’s oldest university following claims of maladministration and tender fraud.
In its ruling on Friday, the minister is ordered to withdraw the notice forthwith upon the granting of this order.”
Nzimande was also ordered to “immediately cease and desist from taking any steps to publish and implement the notice, or to take any steps of whatever nature to implement the notice”.
He was also ordered to pay costs.
Mosia as the independent assessor to investigate all affairs at Unisa. His assessment revealed a cauldron of instability, characterised by a culture of fear, intimidation and bullying, instances of maladadministration and financial irregularities.
Others included human resource failures, a fragile and troubled ICT environment, poor student services, academic malpractices, leakages of confidential records, and questionable management and council decisions.