UL issues legal warning to Higher Education Dept
The dispute follows a parliamentary committee's recommendation to appoint an independent assessor to investigate the institution.
POLOKWANE – The University of Limpopo has issued a legal warning to the Department of Higher Education and Training, threatening to take the matter to court if its demands regarding a forensic investigation into the institution’s affairs are not met.
In a letter dated December 4, Pandelani Nefolovhodwe, chairperson of the university’s council, addressed Minister of Higher Education and Training, Dr Nobuhle Nkabane, demanding an apology for her statement about appointing an independent assessor to investigate the university.
The university insists that the appointment of an assessor has no legal basis and violates required consultative processes. Nefolovhodwe further demands that the minister issue a written apology within seven days for the reputational harm caused to the university by her statements.
If the minister does not comply, the university council has warned it will seek a high court application to determine whether the minister’s actions under Section 44 of the Higher Education Act are valid. The letter suggests that the minister’s decision is subject to both procedural and substantive scrutiny.
This dispute follows recommendations made by the parliamentary committee on basic education for the appointment of an independent assessor to look into the state of the institution.
The university appeared before the committee last month, where concerns were raised about leadership and governance issues.
One key concern highlighted by the committee is the prolonged term of the university’s vice chancellor, Mahlo Mokgalong, who has served beyond the term outlined in the university’s statute. Additionally, questions have been raised about Nefolovhodwe’s reappointment for a third term as chairperson of the council.
Read more: Scrutiny over University of Limpopo’s vice chancellor’s third term
The committee also criticised the university’s lack of urgency in recruiting a new vice-chancellor as Mokgalong’s term was nearing its end.
The university’s governance structure has been further scrutinised for allowing the chairperson of the institutional forum to remain in office without a formal appointment and rejecting a ministerial appointee without justifiable reasons.
Another issue raised by the committee is the university’s substantial increase in legal fees.
In the 2023/24 financial year, the university reportedly spent R14m defending itself against lawsuits filed by students and staff. Allegations of power abuse and the victimisation of employees have further fuelled concerns.
The university has stated it will not engage in public discussions on the matter until it has reached a conclusion.
Comment could not immediately be sourced from the minister.
