Committee outraged by Peter Mpati’s appointment despite sexual assault allegations

The portfolio committee on higher education, science and technology says it is outraged by the appointment of Peter Mbati by the university council as the vice-chancellor of Sefako Makgatho University despite allegations of sexual harassment surrounding him.

During a meeting commission on gender equality on Wednesday, the committee said it became apparent that the recommendations by the commission on its 4 December 2014 report regarding the allegations against Mbati were never implemented by the University of Venda.

The committee said the report revealed that Mbati was accused of sexual harassment by Thidziambi Tshivhase Phendla during his tenure as the vice-chancellor of the University of Venda.

“Phendla reportedly submitted a complaint to the gender equality commission on the 11 May 2012 alleging that she was sexually harassed on several occasions by Mbati during the period 2008 and 2010.

“After an investigation, the commission, on its report dated 4 December 2014, found the allegations to be convincing and that the failure by the university to discipline Mbati was a direct contravention of the university’s policy on sexual harassment.

“The report, therefore, recommended that the university should implement clause 5.2 of its own sexual harassment policy by instituting formal disciplinary enquiry against Mbati,” it said in a statement.

The committee continued to say that although Mbati sought to review the report of the gender commission at the Johannesburg High Court, he failed to set aside the recommendations of the report, but only succeeded in gagging certain portions of the report.

“The court ordered the university to implement its own sexual harassment policy by calling for a report of the mediator, Lavery Modise, who was appointed by the university to mediate the allegations in terms of its policy.

“Determined to frustrate and impede any process meant to hold him accountable for the allegations, Mbati allegedly litigated against the report by Modise, that high court directed that it must be produced,” it said.

However, the committtee added that the challenge against Modise’s report was not lodged with the court that directed the production of the report, but it was lodged with the Thohoyandou High Court.

“Quite strangely, but not unexpected given its reluctance to implement its own sexual harassment policy to the extent that it had to be directed by the court, the university council did not defend its own report which ultimately led to Mbati obtaining a default order.

“The appointed mediator by the university, whose report was being challenged in court, that is Modise, did not oppose the application, but simply deposed to an explanatory affidavit with the view to assisting the court to have a full picture of the matter.

“In paragraph 28.2 of his affidavit dated 13 March 2017, Modise confirms under oath that the applicant, Mbati, conceded that he had a sexual relationship with the second responded, Phendla, after he had confronted him with the telephone records detailing telephone calls to and from the second respondent, as well as the second respondent’s graphic description of his body marks including the arrangement and setting of furniture in the applicant’s bedroom,” it said.

The committee’s chairperson, Philly Mapulane said what was more concerning was the allegation that Mbati attempted to bribe Modise, as contained in paragraph 33.3 of the affidavit in which Modise said: “It is noteworthy to state that the applicant improperly sought to influence me to amend my report.

“These are indeed serious allegations against Mbati, something which calls into question his suitability to be appointed to the high office of a vice-chancellor of Sefako Makgatho University.

“From the information available to the committee, it’s quite clear that Mbati has employed a combination of stratagem, which included litigation and possible collusion with the University Council, to avoid being held to account for the serious allegation of sexual harassment.

“What is now even worse is the allegation of attempted bribe by Modise in a sworn affidavit to the Thohoyandou High Court,” said Mapulane.

He continued: “Given all the above issues, the fitness and suitability of Mbati to occupy the high position of vice-chancellor of Sefako Makgatho University is in serious question.

“The question is whether the university council, and all its structures which were responsible for his appointment, were aware of the allegations of sexual harassment before they decided to recommend his appointment.

“In view of all this vexing questions, the portfolio committee will conduct a preliminary inquiry into the fitness of Mbati to be appointed and to hold the office of the vice-chancellor at the university,” Mapulane concluded.

(Compiled by Molefe Seeletsa)

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