Cape Town – Minister of Higher Education, Science, and Innovation, Blade Nzimande, has said that he will comply with a court ruling by Judge Kooverjie J, which prevents him from placing the University of South Africa (Unisa) under administration.
He expressed his concern over the court order that was issued after an urgent application by Unisa’s council.
“I remain concerned that though the order granted by Mr Justice Adams on August 24 has noted the urgency of this matter, the court has not demonstrated any sense of urgency in finalising this matter.
“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,” the minister said in a statement on Friday.
Nzimande said, however, that he will comply with a court ruling but he also highlighted his concern that the court system was being employed to limit his executive authority, as outlined in the Higher Education Act.
Response to the High Court of South Africa – Gauteng Division on my notice to place the University of South Africa (UNISA) under Administration. pic.twitter.com/RYAkqhuWe3
— Minister Blade Nzimande (@DrBladeNzimande) October 6, 2023
“[The] minister believes in the supremacy of the constitution, the law and the doctrine of the separation of powers between the executive, the legislature and the judiciary. He hopes that this should not be one of those instances in which this important constitutional principle is violated,” read the statement from Nzimande’s office.
“The minister wishes to clarify the issue of what was before the court. What was before court was not the review of his intention to appoint an administrator at Unisa nor the recommendations of the independent assessor.
“The court interdicted the minister from taking a decision and implementing it pending the finalisation of the interim interdict that the council had instituted.
“In that matter, the council and vice-chancellor seek to interdict the minister from implementing his decision pending finalisation of their application that seeks to have the report and recommendation of the independent assessor reviewed and set aside.
“This therefore means that the court did not consider the merits of the interim interdict and the review applications.”
Nzimande had expressed his intention to make a final decision regarding Unisa’s administration.
Following the concerns highlighted by the Independent Assessor, Professor Themba Mosia, and the findings of the Ministerial Task Team led by Dr Vincent Maphai, I served a notice of my intention to place the University of South Africa (UNISA) under Administration. My final… pic.twitter.com/7YmWyVYgMS
— Minister Blade Nzimande (@DrBladeNzimande) October 5, 2023
He argued that the court did not show urgency in handling the matter, despite acknowledging its urgency.
His decision to place Unisa under administration was based on reports of financial mismanagement and other serious issues within the university.
However, Judge Harshila Kooverjie ruled that Nzimande’s notice breached a previous court order by Justice Adams, who had instructed him not to act on the recommendations of an independent assessor’s report until related legal challenges were resolved.
“The minister is ordered to withdraw the notice forthwith upon the granting of this order,” said Judge Kooverjie.
These challenges included an application by Unisa’s council chair, James Maboa, seeking to prevent Nzimande from appointing an administrator, and another by Vice-Chancellor Prof Puleng LenkaBula to review and set aside the assessor’s report.
Kooverjie’s ruling prohibited Nzimande from taking any steps to publish or implement the notice, and Nzimande accepted the court’s decision.
Follow African Insider on Facebook, Twitter and Instagram
Picture: Twitter/@DrBladeNzimande
For more African news, visit Africaninsider.com
Compiled by Betha Madhomu
