Higher Education Minister, Blade Nzimande, has expressed his dissatisfaction at the High Court in Pretoria's order for him to withdraw the notice of intention to place the University of South Africa (Unisa) under administration.
He also raised concerns that the court had not done anything a month later after Judge Justice Adams noted urgency on the matter.
Some of the concerns were that Judge Harshila Kooverjie indicated that Nzimande was in breach of another order that was issued by Adams on August 24.
“I remain concerned that although the order granted by Adams, on August 24, has noted the urgency of this matter, the court has not demonstrated any sense of urgency in finalising this matter,” he said.
He said that resembled an inconsistency in the application of the principle of "urgency or prioritisation of issues by the court", stating that it was been more than a month since that transpired and the matter has not yet been heard by the court, however, it was is able to hear an urgent application by Unisa.
He further mentioned that he was concerned about how the South African court system was being used, to curtail his executive authority as provided by the Higher Education Act.
His intention to put Unisa under administration comes after its governance system has been in the limelight amid allegations of corruption, misconduct, mismanagement, and maladministration.
He appointed Professor Themba Mosia as independent assessor in March to investigate the affairs of the university following allegations of corruption.
Koorverjie granted an interdict on Friday, moments before the minister could make his delayed move.
According to the statement released by his department, Nzimande believed in the supremacy of the Constitution, law and the doctrine of the separation of powers between authorities (executive, legislature and judiciary) and hoped that it should not be one of those instances in which this important Constitutional principle was violated.
“The minister wishes to clarify the issue of what was before the court. What was before the court was not the review of his intention to appoint an administrator at Unisa nor the recommendations of the independent assessor,” the statement read.
“The court interdicted the minister from taking a decision and implementing it pending the finalisation of the interim interdict that the council had instituted,” the ministry said.
“In that matter, the council and vice-chancellor seek to interdict the minister from implementing his decision pending finalisation of their application that seeks to have the report and recommendation of the independent assessor reviewed and set aside,” it said.
“This, therefore, means that the court did not consider the merits of the interim interdict and the review applications.”
As he awaited the court date for the hearing of an urgent interim interdict application, Nzimande's legal team reminded Deputy Judge President, Judge Ledwaba, for an expedited special allocation of the aforesaid hearing.
He further said promised to abide by the ruling of the court as set by Kooverjie.
IOL