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Ngonyama dismisses UCT governance failure findings as 'attempt to tarnish' her legacy

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Ngonyama dismisses UCT governance failure findings as 'attempt to tarnish' her legacy

UCT

3rd November 2023

By: News24Wire

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Former University of Cape Town (UCT) council chairperson Babalwa Ngonyama has launched a scathing attack on the independent panel that probed governance issues at the institution. 

In a report released on Wednesday, retired Supreme Court of Appeal president Lex Mpati and his panel found that Ngonyama and former UCT vice-chancellor Professor Mamokgethi Phakeng committed "serious governance failures" by "mendaciously misleading" the university about the resignation of a colleague.

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The report contained several key recommendations on governance and specific individuals, among them Ngonyama and former deputy chairperson of the council, Pheladi Gwangwa.

The panel recommended that Ngonyama's conduct in failing to perform her fiduciary duty to UCT must be reported to the appropriate regulatory authorities. She is a chartered accountant.

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On Friday, Ngonyama said in a statement: "I strongly deny the allegations made against me in the report, which is the very reason that I have challenged the basis of the findings in the legal review process. They are one-sided, unverified and untested, leading to the unlawful damage and defamation inflicted upon my dignity, reputation and character, which is profound."

In May, the panel released an interim report in which her removal as chairperson was recommended.

She took the matter to the High Court, where she also challenged the nature and extent of the panel's powers.

She later resigned from her position with immediate effect, citing the impact of the "current circumstances on [her] wellness and health".

Ngonyama and the university have been locked in a legal battle in the Western Cape High Court since.

According to Ngonyama, she's aggrieved by the manner in which the panel chose to proceed with the process without providing her the opportunity to test the evidence against her, something which "conflicts with the basic tenet of procedural fairness."

"As part of the process, I requested that I be furnished with the statements of the individuals beforehand and be afforded an adequate opportunity to address them. I also requested that I be allowed to cross-examine the witnesses as part of testing the allegations against me. I was not afforded that courtesy," she said.

Ngonyama said this denied her an opportunity to exercise her rights, prepare for, provide input and reply during the panel’s investigation.

"Despite repeated offers and requests to participate in the process and that a fair and lawful process be followed. I was ultimately refused an opportunity to participate in the investigation," she added.

Ngonyama said the process followed by the panel was "unlawful and infringed her right to dignity and to be heard in a fair, transparent and impartial process."

"The panel and council have sought to tarnish my legacy at UCT, but the facts will speak for themselves in due course," she said. 

Meanwhile, Phakeng said on Thursday evening she and her legal team intended to study the report and that they would take appropriate steps, as deemed necessary, in due course.

 

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