Mathews Phosa. Picture: THE SOWETAN
Mathews Phosa. Picture: THE SOWETAN

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MANAGEMENT at the University of SA (Unisa) has come under fire for bending the rules when it allegedly tried to extend the terms of three council members, including former chairman Mathews Phosa.

The allegation is contained in a damning letter by Puleng LenkaBula, associate professor of ethics and dean of students, to acting council chairwoman Sebiletso Mokone-Matabane.

But Unisa principal and vice-chancellor Mandla Makhanya on Thursday downplayed any suggestion that the university was facing a governance crisis.

Prof LenkaBula, who chairs Unisa’s institutional forum, which is mandated to advise its council, said the alleged attempt to extend the terms was illegal and irregular as members serve for four years, with the option of a one-off renewal.

According to an insider, who asked not be named because they were not authorised to comment on internal affairs, the three members had been sitting on the council for more than eight years.

"The institutional forum cannot understand how this resolution was taken and why the secretary to council, in the form of the so-called acting registrar governance, did not inform council that this act was irregular and illegal," wrote Prof LenkaBula.

Unisa has been rocked by student protests, which simmered down recently when it closed some exam venues and changed its registration policy. It is the latest university to have a management dispute spill over into the public domain.

The institutional forum also said a decision by the university to establish two registrars — one for governance and the other for academic, enrolments and administration — was illegal.

"This has caused confusion as to which of the registrars has authority. (It is also unclear which) governing structures of the university (they serve). (This) is an example of the disregard, if not disdain, of the Higher Education Act and university statutes," said Prof LenkaBula.

Prof Makhanya dismissed the accusations that the council had violated Unisa’s statutes. He said the decision to extend the terms "was taken with the sole purpose of not creating disruption in the university and with the aim of ensuring stability on the council in 2015".

"Following the resolution of the council, (I) wrote to (Higher Education and Training Minister Blade Nzimande) explaining the decision and canvassed (his) advice and approval. As soon as the minister indicated a preference for the letter of the statute less than a month after the decision was taken, (his) advice was accepted and the members’ tenure terminated," said Prof Makhanya.

"The allegations that council illegally instituted the positions of two registrars are devoid of all truth," said the professor, explaining that in 2013 he had proposed that the functions of council secretary and academic administration and student support be split. The council had accepted this.

Higher Education and Training Department spokesman Khaye Nkwanyana said Unisa had submitted a revised statute to the minister for his consideration and approval, as required by law.

"An institution is required to work within the remit of its approved statute until such time as a revised statute is approved by the minister and published in the Government Gazette," said Mr Nkwanyana.

Mr Phosa said that there was no violation of any statutes. He explained that the council had requested him to extend his tenure, but after discussions with the Higher Education Minister Blade Nzimande it was decided that the term should not be extended as this would go against the statute.

“I didn’t stay one day more...I have not been in council for two months now,” said Mr Phosa.