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The Higher Education Transformation Network (HETN), hereby condemns the alleged sexual harassment ongoing victimization  of our member, Prof Thidziambe Phendla at the hands of the management and Council of the University of Venda (UNIVEN) led by the Vice-Chancellor Prof Peter Mbati.

We condemn the complicity of the management of the University of Venda for failing to take adequate steps to reinstate Prof Phendla back into her post 5 years since she was first suspended then dismissed under trumped up charges of financial misconduct which have to date been dismissed both by the Senior State Advocate and Deloitte and Touche.

It has been more than five years since the 1st November 2011 when Prof Phendla was dismissed under dubious malicious grounds from her position as a Professor and Dean of the UNIVEN School of Education by the Vice Chancellor and Principal of the University of Venda, Prof Peter Mbati.

Our consultations with Prof Phendla indicates that following her alleged case of misconduct, the UNIVEN management knowingly and falsely alleged fraud and corruption and further gave alleged false testimony to the South Gauteng High Court.

In September 2015, the Senior State Advocate did not find any evidence to prosecute Prof Phendla after she had already been dismissed for four (4) years during which period the following took place:-
1. An internal Deloitte & Touché Report cleared her of any wrongdoings
2. A Mediator’s Report with recommendation to Council to follow the UNIVEN Policy on Sexual Harassment Section 5.2 and formally charge Prof Mbati for sexual harassment was ignored
3. The Commission for Gender Equity (CGE) completed its Findings on Sexual Harassment and initiated Litigation in support of Prof Phendla.

This is the worst form of injustice and abuse of power given that the UNIVEN Vice-Chancellor and Council was aware of the fact that Prof Phendla had never sat nor served as a member of any Tender Committee albeit being cleared on the 1st August 2010 by the Thohoyandou Special Crime Unit.

While the Deloitte and Touché Report recommended disciplinary action against seven members of the UNIVEN Tender Evaluation and Adjudication Committees, only one member (Mr KC Nemadzhivhanani) was selectively disciplined whilst the former Chairperson of the UNIVEN Tender Committee, a Mr R. Madzhie continues to sit on the UNIVEN Council for over 10 years without being reprimanded.

Prof Phendla remains unemployed with no prospect of future employment because she has been defamed for a criminal act of fraud and corruption on newspapers and online media and social worldwide. Instead of reinstating Prof Phendla the UNIVEN Council and management is deliberately ignoring this matter and hoping it would disappear from public view and scrutiny.

This is the fifth reported case of victimization involving senior African academics reported to us within the higher education sector.

The University of Venda through their alleged tolerance for sexual harassment is acting contrary to the prescripts of the National Development Plan Vision 2030  which has prioritized transformation within higher education workplaces (including UNIVEN) and has set a national target for the Republic of South Africa to increase the output of black and female academic staff and researchers to ensure the reversal of gender and racial imbalances in the higher education sector to ensure that Africans and particularly African women make up 50% of the teaching and research staff of universities by 2030. It can never be correct for a Professor or any woman to be sexually harassed for a period of two years and whilst she demands an end to unwarranted sexual demands, that the victim is charged with misconduct and ultimately fired.

We accordingly urge the recalcitrant University of Venda management and Council to immediately do the right thing and reinstate Prof Phendla into her former post and charge the UNIVEN Vice-Chancellor, Prof Mbati for alleged sexual harassment in line with its own internal policies.

As Prof Phendla’s case is once more heard at the South Gauteng High Court on the 30th May 2016, we further call on all roleplayers in the higher education sector to support the Commission for Gender Equity (CGE) and Prof Phendla in their legal quest to get justice on the matter.

September 2015 complaint to Public Protector attached

Issued by the Higher Education Transformation Network