Cape Town - A legal showdown is brewing at UCT, with the university’s chairperson of Council (Coc) Babalwa Ngonyama on Monday announcing that she had stepped down with immediate effect as the institution’s chairperson and member of Council.
This comes after a scathing interim report found that “Ngonyama’s presence poses a serious risk to the university and cannot be trusted to fulfil her fiduciary duty to the institution".
An Independent Panel’s report, which recommended that Council “takes immediate steps to remove” Ngonyama, also detailed how witnesses alleged that Ngonyama had not only failed to perform her responsibilities but had attempted to protect her reputation and offered former vice-chancellor Mamokgethi Phakeng up as a proverbial “sacrificial lamb”.
Ngonyama claimed to have always been willing to appear before and co-operate fully with the panel’s work. She argued it was “one thing to focus on improving governance at UCT; it is a completely different matter to use the process in an attempt to lay blame”.
As part of the process and in the interest of procedural fairness but also to ensure efficiency in how the claims made against me are addressed, I requested that I be furnished with the statements of the individuals beforehand.
“The request was made so that I could thoroughly respond to them and be afforded an adequate opportunity to address them.
“I also requested that I be allowed to cross-examine the witnesses as part of testing the allegations against me. I was not afforded that courtesy,” she said.
Ngonyama resorted to approach the Western Cape High Court to decide on the fairness of the process, nature and extent of the panel’s powers under the revised terms of reference, the Institutional Statute and the Higher Education Act.
“This prompted the panel to release a pre-emptive interim report to Council, recommending that steps be taken to remove me as chair. It would be a disservice to see a situation where the university returns to the days of instability or sections within the university once again becoming polarised by this matter. It is for this reason that I have concluded that it was best for me to resign and deal with this matter outside Council through the available legal mechanisms,” she said.
The four-member panel chaired by Judge Lex Mpati, retired Judge Azhar Cachalia, Dr Bernadette Johnson and Dr Trish Hanekom said that Ngonyama had been difficult.
“Since the beginning of the investigation the panel has tried to secure the attendance of the chair of council, without success. It is apparent that she has no intention of providing evidence to the panel.
“This is despite the decision of council to establish the panel, her fiduciary duty to give evidence and her assurances to the public and, until recently, to the panel that she would.
“She complains through her lawyers that the panel is not treating her fairly. There is no substance or evidence to support this complaint,” said the panel.
The panel was established last year to investigate allegations of governance issues including claims that Dr Phakeng and Ngonyama misled the Senate regarding the departure of deputy vice-chancellor of learning and teaching, Associate Professor Lis Lange, who claimed in a letter to the Senate that she was forced out.
It also had to probe matters related to executive relations and reasons for resignations in the university.
The interim report into Ngonyama’s conduct found that in May 2021, she allegedly embarked on a strategy to terminate Lange’s contract prematurely and renew Phakeng’s term for a further five years.
It was Phakeng’s responsibility to establish if Lange wished to be considered for reappointment, Ngonyama had no authority to approach Lange.
Ngonyama has been alleged to have went as far as involving the HR to negotiate Lange’s termination.
She had also allegedly falsely informed Lange that the Council would not support her wish to be appointed for the second term as DVC.
“It was Lange’s express wish to remain DVC for a further term,” the report states.
Lange eventually signed the proposed agreement in March 2022, this was tabled at a UCT’s Remuneration Committee (RemCom) meeting on the same day.
“The meeting was held five days before the Senate meeting. The Coc’s clear intention was that the former VC withhold her signature to enable the Coc not to disclose the fact of Lange’s impending departure at the Senate meeting.”
Ngonyama was allegedly asked by the Senate to explain the circumstances regarding Lange’s departure.
In her written response to the Senate she claimed that Lange’s reasons were personal and confidential.
The report further alleges that Ngonyama “mendaciously” reported to her deputy Pheladi Gwangwa and Council that at a meeting between her and Lange in January 2022, “Lange became abusive and insisted on being appointed VC.”
The panel rejected the claim as a “lie”.
According to the panel, there were other matters they would make recommendations on to address the organisational culture and governance matters, it said the facts were clear and council must act.
UCT spokesperson Elijah Moholola said the university’s Council has scheduled a special meeting to consider the notice of resignation.
Cape Times