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Blade Nzimande Rescinds Unisa Administrative Order Post Court Verdict

Published November 18, 2023
2 years ago

In a swift response to a High Court ruling, Higher Education, Science and Technology Minister, Blade Nzimande, has retracted a controversial government notice that had put the University of South Africa (Unisa) under administration. This withdrawal, which took effect just two days post the court's verdict, underscores the significant tension between legal oversight and government intervention in South African higher education institutions.


The focal point of this retraction is Government Notice No. 4015, which was originally published in Government Gazette No. 49582 Vol 700 on October 27, 2023. This notice outlined the appointment of an administrator for Unisa, as per recommendations from a report penned by independent assessor Themba Mosia. Mosia's involvement dates back to September 2022, having been tasked with delving into Unisa's internal affairs and surfacing with findings that signaled financial and governance malpractices, including questionable performance bonus payouts to the executive management, despite evident operational failings.


Minister Nzimande's actions were originally founded on allegations that Unisa's council grossly failed to fulfill its fiduciary duties, prompting the need for governance restructuring. In the initial government notice, it was stated that the dissolution of the council and subsequent appointment of an administrator, derived from Section 49B of the Higher Education Act, was in the best interest of the university.


This administrative shake-up, set into motion by the appointment of former University of Johannesburg vice-chancellor Professor Ihron Rensburg as Unisa's administrator, has now hit a legal deadlock. Judge Leicester Adams' ruling mandated that no action should be taken on the recommendations while two related court applications were still in adjudication—a direction Nzimande seems to have contravened.


The unfolding of events has understandably stirred concerns among Unisa's stakeholders, particularly surrounding the potential implications on the institution's functionality and the student body. However, the Department of Higher Education and Training has assured that the matters at hand are purely administrative and would bear no bearing on the students or the curriculum itself. This assertion, communicated through the department's spokesperson, Ishmael Mnisi, aims to placate any anxieties regarding the continuity and quality of education at Unisa during these uncertain times.


It's noteworthy that during this interim phase of legal and administrative contention, the vitality of Unisa's institutional integrity remains undiminished, with the department emphasizing that education delivery will proceed unfazed.


As the story develops and further legal proceedings unfold, it will be critical for all involved parties to navigate the thin line between upholding governance and preserving the educational sanctity of one of South Africa's most prominent distance learning universities.



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