Durban — A legal report commissioned by the Mangosuthu University of Technology (MUT) has raised a red flag over the shortlisting of former professor Nokwethemba Ndlazi.
The recruitment and selection policy of MUT regarding the three shortlisted candidates for the position of deputy vice-chancellor for Resources and Planning came under scrutiny.
Ndlazi left the institution evading accountability after she was accused of procurement irregularities amounting to R19 million.
An investigation by the Daily News has revealed that MUT sought a legal assessment from Naidoo Maharaj Attorneys with the aim of understanding the policy. The legal report, dated June 27, 2022, found that “despite the fact that Ndlazi was a previous employee of the institution, which immediately raises a red flag” the MUT policy previously employed by the university must be in good standing.
The report stated that while she was in the employ of MUT she breached her duties as chairperson of the BAC and signed a tender that she was not authorised to. An external investigation, the Morar Report, recommended that Ndlazi face disciplinary action.
The report stated that she resigned from her position at MUT before the disciplinary hearing commenced, citing “headhunting by the University of Fort Hare” as the reason.
“In her interviews, she admitted that she made an error of judgement and took responsibility for the irregularities. She was then dismissed from the University of Fort Hare for failing to disclose the above-mentioned incident at MUT and it appears that the CCMA has given her compensation as a result of the irregular process and has not re-instated her even though it was one of her requests,” read the report.
The report further stated that when considering clause 4.22 of the MUT recruitment policy Ndlazi’s conduct disqualified her from the recruitment process.
The report continued: “On a strict interpretation of clause 4.22, she is an ex-employee of MUT who left the employ while facing a disciplinary inquiry. In regard to clause 4.23, one can speculate as to the outcome of a disciplinary enquiry had this candidate remained in the employ of MUT and this clause could also be applicable.”
As a result, the legal report recommended that Ndlazi be excluded from the selection process. However, it also indicated that should the selection committee disregard the legal report and appoint her, Ndlazi would still need to be subjected to a disciplinary process.
In addition, the university would have undermined and breached its own recruitment and selection policy.
A source with intimate knowledge within the institution revealed that the shortlisting of Ndlozi by the selection committee had attracted a lot of attention – with some accusing the selection committee chair Morailane Morailane of going overboard to ensure that Ndlazi was selected with the aim of appointing her as deputy vice-chancellor.
Morailane denied that he was actively influencing the process in favour of Ndlazi.
He said: “The university has not concluded the shortlisting process in accordance with its rules for the position and cannot comment further on the matter.”
Approached for comment, MUT Registrar Dr Masala and the University’s head of legal repeated Morailane’s statement.
Several attempts to get comment from Ndlanzi on whether she would either challenge the report or voluntarily withdraw from the process were unfruitful. She did not respond to our questions sent to her on July 6 and July 7.
The legal report also indicated that Ndlazi was dismissed by UFH in October 2020 after she was charged with misconduct in relation to issues that led to her leaving MUT.
The probe, by the Morar auditing firm, alleged that R19 million was paid to a service provider for a roofing project without due processes or the MUT supply chain policy being followed.
Daily News