Pretoria – The High Court in Pretoria on Wednesday put the breaks on Higher Education Minister Dr. Blade Nzimande’s move to place the University of South Africa (UNISA) under Administration.
The high court found that the decision of Minister Nzimande to appoint an Administrator for the university was in breach of previous orders and was deemed unlawful.
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Satisfied with the outcome, UNISA said it “welcomes the ruling of the Pretoria High Court today”.
In the order issued electronically this morning, the court ruled as follows:
- The matter was dealt with as one of urgency.
- The application for the joinder of further applicants is granted, with no order as to costs.
- It is declared that the Minister’s decision published in Government Gazette number 49582 Vol. 700 dated 27 October 2023 is in breach of the order granted on 24 August 2023 by Honourable Adams J and unlawful.
- The Minister must immediately retract the Government Gazette number 49582 Vol. 700 dated 27 October 2023.
- The parties are granted leave to approach the Deputy Judge President of the Gauteng High Court for a date and time for consideration of the issue of contempt.
The university said it believes that this court decision is sound and correct, given that the matter of the review of the Independent Assessor Report, which largely formed the basis of the minister’s decision, was still before the court and yet to be concluded.
“The management of the university once again appeals to staff and students not to let these developments in court defocus them from the task of ensuring that the academic project forges ahead unabated,” said UNISA.
“Management also re-emphasises that it is not fighting the Minister but merely exercising its responsibility towards the institution, its stakeholders, and the public at large by preventing an unnecessary disruption of the execution of its missional mandate.”
Meanwhile, the Department of Higher Education, Science and Innovation said Minister Nzimande “notes the order granted by Acting Judge AJ le Grange of the High Court of South Africa Gauteng division in Pretoria”.
The department added: “This order relates to Minister Nzimande’s decision to publish a government gazette on the appointment of an Administrator for the University of South Africa.
“Minister Nzimande will study the ruling by the court and decide on the next legal route to take.”
