Johannesburg – The University of South Africa (UNISA) has hit back at Higher Education Minister Dr. Blade Nzimande saying his move to place the institution under Administration was in contempt of court.
A day after the minister appointed Professor Ihron Rensburg as the Administrator for UNISA, as published in the Government Gazette No. 49582 of 27 October 2023, the institution of higher learning issued a statement detailing why is said the minister was in contempt of court.
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“The decision of the Minister of Higher Education to proceed with the implementation of his UNISA under administration, despite a clear court decision ordering him to refrain from taking any further steps in that direction, reflect his misguidance on law and amount to criminal contempt of court,” the statement.
“Gauteng High Court granted an interim order on the application by UNISA, directing the Minister of High Education, Dr. Blade Nzimande from effecting his decision to place the university under administration.”
UNISA made an application upon receipt of his notice of intention to that effect on 5 October 2023.
The court granted its order on 6 October 2023.
However, the minister moved to place UNISA under Administration after he lodged his application for leave to appeal the court judgment.
“It appears that the Minister believes that this leave to appeal suspends the effectiveness of the order,” UNISA said.
“If we are to be generous, it can only be inferred that the source of the minister’s confusion is his mistaken reliance on Section 18 (1) of the Superior Courts Act.
“The section provides that unless the court orders otherwise under exceptional circumstances, any decision of the court that is subject to appeal or leave to appeal is suspended pending the decision of the application or appeal.
“This is a highly misguided and completely wrong reading of the legal position in this case.”
UNISA explained that the order granted by the Gauteng high court was an interim order in an interlocutory application to stay the decision of the minister pending the determination of the two court applications lodged by the Council and VC of UNISA separately and independently.
“The application of the Council challenges the decision to appoint the Independent Assessor, whilst the VC is reviewing the assessment and outcome thereof, particularly the conclusions of the report,” UNISA said in a statement issued as a personal academic and legal opinion by Mametlwe Sebei Lecturer: Professional Ethics.
“The order granted by the high court intends to preserve the status quo, as the university was able to demonstrate the threat of irreparable harm if not granted this interim order pending the determination of these two applications.”
