UCT Council halts implementation of resolutions at centre of Mosa Mashabela’s court battle

The University of Cape Town (UCT) council has suspended the implementation of four resolutions challenged by vice-chancellor Prof Mosa Moshabela , pending the final determination of his judicial review application before the Western Cape high court.

The decision was taken at a special council meeting on Saturday to consider matters arising from legal proceedings instituted by Moshabela, who is seeking the review and setting aside of four resolutions adopted by council on May 30, as well as other related matters.

Moshabela is challenging resolutions three, four, five and six, which concern allegations about his conduct, executive coaching and an annual structured 360-degree evaluation, as well as a further investigation into the Forest Hill incident.

The incident relates to Mosa’s driver who allegedly an academic’s residence without her prior permission. He allegedly sais he had done so while carrying out an instruction from Moshabela “to confidentially investigate [her] wellness”.

In a 64-page affidavit filed in the high court last week, Moshabela argued that a complaints-based investigation approved by council was progressively altered, leaving him without an opportunity to respond to allegations before decisions concerning his conduct were taken.

UCT council chairperson Norman Arendse said council had received and considered independent legal advice on the court proceedings and the appropriate manner in which the university should respond.

“Council resolved to follow the preliminary processes prescribed by the rules of court and to await Moshabela’s supplementation of his papers in terms of the rules before deciding whether or not to oppose the review proceedings,” Arendse said.

“Council also confirmed its willingness to participate in mediation in an effort to resolve the dispute. It also resolved to suspend the implementation of the four resolutions which the VC has impugned, pending the final determination of the judicial review proceedings by the high court.”

Arendse said council recognised the considerable public and university community interest in the matter but had a responsibility to protect the integrity of the ongoing legal proceedings and respect the rights of all those involved.

This included UCT officers and institutions, as well as the Office of the Ombud, whose confidentiality protections, he said, were essential to its functioning.

The process that followed was undertaken on independent legal advice and was designed to ensure independence, appropriate confidentiality and fairness to all persons affected.

UCT said the ombud operates independently and separately from council.