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MPs shrug off scathing UCT report, call for new probe as council plans to implement recommendations

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MPs shrug off scathing UCT report, call for new probe as council plans to implement recommendations

9th November 2023

By: News24Wire

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While a Parliament committee shot down a scathing report into former University of Cape Town (UCT) vice-chancellor Mamokgethi Phakeng's "divisive" leadership, the university's council is standing by the findings and will be implementing its recommendations.

On Wednesday, members of Parliament's Portfolio Committee on Higher Education, Science and Innovation grilled UCT's council that appointed a five-member panel in late 2022 to investigate governance issues at the university.

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The panel found that Phakeng and council chair Babalwa Ngonyama committed "serious governance failures" by "mendaciously misleading" the university about the resignation of Professor Lis Lange, who was the deputy vice-chancellor for learning and teaching.

According to Ngonyama, Lange chose to leave of her own accord for personal reasons, however, she denied this, saying Ngonyama had effectively pushed her out and told her that Phakeng didn't want her to continue as her second in command.

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The 179-page independent report, which was released by the UCT council on Wednesday last week, found Lange's departure was a constructive dismissal.

It also found that Phakeng used race and racial differences as a "weapon" to abuse colleagues and highlighted the profound repercussions of the breakdown in executive and governance relations.

Furthermore, the panel found that the previous council chairperson, Sipho Pityana, failed to take more decisive steps to discipline Phakeng or terminate her contract.

However, MPs on the committee want a new investigation.

"The sentiment of the committee is that we don't have confidence in the panel that conducted this investigation and whether the processes were done proper," said committee chairperson Nompendulo Mkhatshwa.

"We want a whole new process; an independent assessor must be appointed."

African National Congress MP Walter Letsie told the committee that Minister of Higher Education and Training Blade Nzimande should be the one to consider appointing an independent assessor to test the allegations contained in the report. 

"We need an independent assessor to look at these allegations - and quickly - because there are a number [of] allegations and the minister should deal with it," he said. 

Economic Freedom Fighters MP Mandla Shikwambana claimed that the panel, which was chaired by former Supreme Court of Appeal president Judge Lex Mpati, was appointed to target people.

He said UCT was riddled with governance concerns before Phakeng was named vice-chancellor. 

"[T]here [were] a number of concerns raised about governance about this institution, and nothing was done back then."

Shikwambana said that UCT was aware of systematic problems such as racism, adding that Phakeng had been “trying to fight racism within the institution”.

"This report should not even waste our time," he said.

Democratic Alliance MP Karabo Khakhau told the committee that the report revealed a failure on behalf of UCT.

"We cannot afford to have Africa’s top learning institution ... dabbling with such mess. It’s very messy - because of how the institution went about handling these allegations - they effectively allowed it."

Following the briefing, UCT chair of council, Norman Arendse SC, acknowledged the right of stakeholders to call for the appointment of an independent assessor to test the veracity of the report.

"We do not believe this process should stall or hinder UCT using the report as a roadmap to guide it towards a future marked by accountability and transparency, and a renewed commitment to strengthen the governance of the university," he said.

Arendse added that the council stands by the findings of the independent panel and will be implementing its recommendations.

"We take transformation seriously. We give effect to it in different ways, including through implementation of our employment equity policy, as well as the measures we take in promoting the development of outstanding early- and mid-career black academics. We follow our employment equity policy rigorously in our selection processes," he said.

UCT previously said it was already in the process of taking remedial action against implicated staff and "deliberating an appropriate course of action" against those implicated in the report.

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