Minister pulls back on leadership push at Unisa
Unisa welcomed the withdrawal notice published in 'Government Gazette' No. 49582, which had previously announced the decision to appoint an administrator for the university.
The notice to place Unisa under administration has been pulled back by higher education minister Dr Blade Nzimande.
The learning institution in a statement on November 20 welcomed the withdrawal.
“Unisa notes and welcomes the announcement by Minister Nzimande, published in Government Gazette No.49727, which confirms his decision to withdraw the notice published in Government Gazette No. 49582, which announced the decision to appoint an administrator for the university.
“Unisa believes that this decision by Minister Nzimande, which has been occasioned by the Order of the Pretoria High Court of October 6, 2023, is correct and affirms the sacrosanctity of the courts and the rule of law.”
This follows the high court in Pretoria ordering the minister to renounce his strategy of placing Unisa under new management, last month.
Unisa welcomes Minister Nzimande’s withdrawal of Notice to place it under administration pic.twitter.com/OMDT9ZkdFR
— Unisa (@unisa) November 20, 2023
Prof Ihron Rensburg was placed at the helm of the institution on October 27 and was geared to steer Unisa for the next 24 months.
However, high court Judge Andre Le Grange ruled on November 1, against the minister’s decision to place the largest open distance learning institution in Africa under administration.
Le Grange ruled Nzimande’s announcement on October 27 was in breach of the August 25 court order by Judge Leicester Adams, and unlawful.
“The minister must immediately retract the gazette number 49582 Vol. 700 dated October 27.”
Nzimande at the time was aware of the order.
Nzimande’s spokesperson Ishmael Mnisi said, “This order relates to Minister Nzimande’s decision to gazette the appointment of an administrator for Unisa.”
He added that Nzimande would study the ruling and decide his next move.
Unisa spokesperson Tommy Huma said the institution welcomed the ruling.
“Unisa believes that the court decision is sound and correct, given that the matter on the review of the independent assessor report, which largely formed the basis of the minister’s decision, is still before the court and yet to be concluded.”
Huma said Unisa management was not fighting the minister.
“Management is 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.”
The tug-of-war between Nzimande and Unisa has been ongoing since March when he accepted independent assessor (IA) Prof Themba Mosia’s recommendation to liquefy the university council and appoint an administrator.
On October 4, the Pretoria high court ordered the minister to leave Unisa alone following his intention to place it under new management.
Nzimande had also been interdicted from following through with his intervention on October 6, hours after he had announced his intention to do so.
Unisa had applied to the court after Nzimande served notice to place it under administration guided by reports of Mosia and the ministerial task team (MTT) on Unisa, chaired by Dr Vincent Maphai.
“It is declared that the minister’s notice of intention to act dated October 4 is in breach of the order of the above court granted by Justice Adams on August 24.”
Unisa lecturer in the department of jurisprudence Mametlwe Sebei said Nzimande needed advice on his misguided decisions.
“Section 165 (5) of the Constitution clearly states that ‘an order or decision issued by the court is binding on all persons to whom or all organs of the state to which it applies’.”
He said the August 24 court order read “pending the finalisation of the urgent application herein and urgent application, the minister could not undertake any decision according to the IA report”.
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