Minister Nzimande response to Times Live article titled: Blade Nzimande slated for inaction on graft, sexual harassment claims at university
The Minister of Higher Education, Science and Innovation, Blade Nzimande wishes to respond to a media report in Times Live, dated 19.08.2020, titled ‘Blade Nzimande slated for inaction on graft, sexual harassment claims at university’, following a meeting of the Portfolio Committee on Higher Education, Science and Technology held on Tuesday 18 August 2020.
Minister Nzimande rejects in the strongest terms any suggestion that he and the Department had faulted by way of ‘inaction’ in respect of allegations of graft and sexual harassment at the Sefako Makgato University and the University of Venda, respectively. This suggestion is simply not supported by the facts.
Firstly, the Minister acted expeditiously and within the prescripts of the Higher Education Act (1997) and the Constitution when the allegations of sexual harassment, financial impropriety and maladministration were brought to his attention.
The Minister acted without fear or favour but within the bounds of the law.
Inappropriate, unreasonable or excessive intervention can do more harm than good, and unhappiness over the outcome of a particular course of action cannot logically be misconstrued as ‘inaction’. Neither does an explanation imply ‘justification’ of particular outcomes.
In the case of allegations of sexual harassment made against the former Vice- Chancellor of Venda, the matter was in fact reported to the Department by the University in 2011. The Council of the University appointed an independent mediator to investigate the complaint, whose findings were inconclusive.
The subsequent dismissal of the employee in November 2011 related to procurement irregularities of the outcome of a separate and prior disciplinary finding.
It however happened that this is the same employee who brought sexual harassment allegations against Prof Mbati.
In 2015, the matter was referred to the Commission on Gender Equality which recommended actions to be taken by the University Council and the Minister.
Following receipt of the report, the Minister wrote to Council Chairperson on 26 March 2015, requesting the Council to finalise these allegations, by transparently and fairly applying the University rules and laws of the country.
On 20 May 2015, the Council Chairperson wrote again, indicating that the University had instituted a judicial review, on the basis that the Commission did not provide the Vice Chancellor with an opportunity to respond to the allegations, and made no attempt to obtain relevant documentation or information that would have addressed some disputed facts. In 2016 the matter was under judicial consideration.
The Ministry and Department learnt that:
The National Prosecuting Authority found that there were no reasonable prospects for a successful prosecution and decided not to proceed with the prosecution against Prof Phendla on the alleged charges relating to the tender irregularities.
In May 2016, the South Gauteng High Court did not review and set aside the findings of the Gender Commission. However, it ordered the Commission to excise certain findings from its report.
The Council cleared Prof Mbati of the allegations in July 2016.
Based on the findings, and legal outcomes of the Labour Court where this matter was further disputed, the Minister could find no legal grounds on which the Council of the University of Venda could be held to have acted inappropriately or delinquently in relation to the specific matter of alleged sexual harassment by the former Vice- Chancellor.
In an event that a further Court of law reaches any new material findings related to this matter, the Minister will follow exactly the same procedure as outlined in the Higher Education Act to institute any appropriate actions.
The Minister takes the issue of sexual harassment, discrimination and gender-based violence in the most serious light and has taken several steps to promote a non- sexist and inclusive environment in the post school education and training sector.
These steps are a matter of public record.
However, the Minister also has to ensure that he advances a noble cause within the bounds of the law and the Constitution of the republic.
It is unfortunate and regrettable that this is viewed as “inaction” or lack of commitment to deal with unethical conduct and behaviour.
With regards to the separate matter of allegations of graft made in relation to the Sefako Makgatho University (SMU), the Minister wishes to state on record that when this matter was brought to his attention by the former Vice-Chancellor, Professor Chris de Beer, in 2019, the matter was referred to the Hawks for criminal investigations for potential wrongdoing.
Subsequent to that, the Minister met with SMU Council to directly get a report from Council, which would then inform further action from the Minister.
At the time, Council assured the Minister that it had initiated a forensic investigation into allegations of corruption and maladministration at the university.
The Council has now submitted a copy of the report to the Minister. The report is being analysed and the Minister will consider his options. The university is expected to provide a report on concrete steps taken to administer executive administrative justice by holding guilty parties accountable and correcting any loopholes.
For the record, unless any new and credible information to the contrary comes to the attention of the Minister, there is nothing irregular or unprocedural in the recruitment and recent appointment of Prof Mbati as the Vice chancellor of the Sefako Makgatho University.
Based on the Minister’s assessment of the efficacy and adequacy of the interventions by the SMU Council and management, the Minister will further consider the matter and take appropriate decisions, within the prescripts of the Higher Education Act and duly applicable laws to ensure good governance and ethical conduct at all levels.
Enquiries:
Ishmael Mnisi
Cell: 066 037 8859
