Pretoria – The Council of the University of South Africa (UNISA) has secured a court interdict compelling Higher Education Minister Dr. Blade Nzimande to withdraw his notice of intention to place the troubled institution under administration.
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The Council on Thursday launched an urgent application with the High Court of SA, Gauteng Division Pretoria, preventing the minister from placing the institution under administration.
In its ruling on Friday, the court order said: “The minister is ordered to withdraw the notice forthwith…”
Further, the court order said: “The minister is interdicted from taking any action in respect of his notice and the minister is ordered to pay the costs of the applicant on an attorney and client scale.
Commenting on the matter, UNISA said it, “welcomes the High Court Order that interdicts the Minister of Higher Education, Science and Innovation from placing the university under administration.
“The order, which reaffirms the earlier Order by Justice Adams on 24 August 2023, was handed down today on Friday, (6 October 2023) and is effective immediately.”
On 24 August 2023, the same court ordered: “that pending the finalisation of the urgent application herein and the urgent application under case number 2023-082535, the first respondent undertakes not to take any decision pursuant to the report entitled ‘Report of the Independent Assessor into the Affairs of UNISA’.
UNISA said it 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,” UNISA said.
“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.
“Once more, UNISA wishes to assure the public that the academic programme of the university remains intact, and its finances are healthy.”
In May 2023, the Council on Higher Education issued its Institutional Audit Report that affirms that the UNISA academic programme and quality assurance systems were largely intact and governed according to the norms and standards of the sector.
“We hope that our students will be afforded the opportunity to focus on their final examinations which are currently underway, without any form of anxiety or disturbance,” said UNISA.
“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.”
See the court papers below.
