Nzimande Legal Defeat in Unisa Administration Quest

Nzimande Legal Defeat in Unisa Administration Quest. The University of South Africa (Unisa), the largest educational institution in South Africa, has found itself embroiled in a legal battle over the appointment of an administrator, initiated by the country’s Higher Education Minister, Blade Nzimande. This move was driven by a desire to restore proper governance, oversee financial audits, and rejuvenate Unisa’s commitment to Open Distance e-Learning and student success. However, this endeavor has hit a legal roadblock.

Pretoria High Court Rejects Minister Appeal

In a significant setback for Minister Nzimande, the Pretoria High Court has rejected his application for leave to appeal a previous decision made by Judge Harshila Kooverjie. This decision effectively blocked the minister’s attempts to place Unisa under administration. Unisa has welcomed this court ruling, which marks the fourth consecutive decision in favor of the university, thwarting Minister Nzimande’s efforts.

A Dispute Rooted in an Agreement

This legal dispute originated from an agreement between Minister Nzimande and Unisa. The agreement stipulated that an administrator would not be appointed for Unisa while the court reviewed the report of the Independent Assessor, Professor Themba Mosia. Subsequently, this agreement was elevated to a court order, solidifying its legal standing.

Judge Kooverjie Ruling

After a thorough examination of arguments presented by both parties, Judge Kooverjie dismissed Minister Nzimande’s application for leave to appeal the judgment issued on October 6, 2023, and imposed costs on the minister. Her decision was based on the lack of prospects for success, among other reasons. It was a clear indication that the court believed the minister’s appeal had no strong grounds.

Minister Controversial Appointment of an Administrator

In response to the legal hurdles, Minister Nzimande made a controversial decision to appoint an administrator for Unisa. This move was based on his review of reports prepared by the Independent Assessor, Professor Themba Mosia, and the findings of the Ministerial Task Team led by Dr. Vincent Maphai. Professor Ihron Rensburg was appointed as the Administrator for Unisa. However, this announcement was strongly criticized by the university, which considered it ill-considered and insensitive, especially considering that Unisa students were in the midst of their examinations.

Unisa Stands Firm Behind the Court Ruling

Unisa has maintained its stance in support of the court’s ruling, which mandated Minister Nzimande to rescind his appointment as an administrator. Their position is rooted in the ongoing review of the Independent Assessor Report, which played a significant role in the minister’s original decision. The review is still pending in the court and has yet to reach a conclusion.

Unisa has underscored that despite the ongoing legal disputes, their relationship with Minister Nzimande remains cordial.

Minister Intentions and Institutional Concerns

Minister Nzimande’ initial intention to place Unisa under administration was based on careful consideration of findings from the Independent Assessor report by Professor Themba Mosia and the Ministerial Task Team (MTT) report. Both reports highlighted severe concerns about Unisa’s administration, governance, quality, and sustainability, attributing these issues to management failures within key support systems and the actions of the council as a root cause.