Johannesburg - The suspended Unisa registrar, Professor Steward Mothata, is not taking his suspension lying down.
On Tuesday, Mothata hit back against what he previously termed a “witch-hunt” against him after he spoke out against some of the issues affecting the embattled institution under the leadership of Principal and Vice-Chancellor, Professor Puleng LenkaBula, who was recently found by the Independent Assessor Report to have contributed to the demise of the institution.
The university has been embroiled in a string of maladministration scandals even before the release of the report, which unearthed a series of maladministration and tender irregularities as well as incidents of bullying and intimidation levelled directly at the VC.
The report also found that LenkaBula had spent over R3 million to refurbish her official place of residence against an approved budget of R1m, having spent on designer tiles, kitchen units, curtains and other non-essential items.
Those close to the situation said it was against this backdrop that the VC “orchestrated” the suspension of the registrar, which is now set to enter the courts.
Mothata, who appointed former Unisa head of legal services advocate Mmodidima Manya as his lawyer two weeks ago, has made a court application to the Pretoria High Court seeking a series of relief measures, including the setting aside of his suspension on an urgent basis.
He argues in his papers that the current Unisa council, under the leadership of chairperson James Maboa, was not properly constituted since it did not meet its quorum to take decisions on behalf of the embattled institution.
Early this month, Unisa confirmed that it had placed Mothata on a 90-day precautionary suspension pending an investigation into his behaviour.
At the time of his suspension, Unisa said the issues that led to Mothata’s suspension were outlined to him in a confidential letter shared with him.
“Please note that this is a matter between Professor Mothata and the university, and the standing practice in the university is not to discuss such matters in the public domain, including through the media,” the university said.
On Tuesday, Mothata’s lawyer filed court papers that cited not only LenkaBula (the second respondent) as the respondent, but at least 22 other respondents, including Unisa council chairperson Maboa (the third respondent).
The interim application lodged by his lawyers this week indicates that a formal application will be made on July 11.
Part A of this application seeks to challenge the legality and constitutionality of the current council that suspended him, which he describes as being “no longer properly constituted in accordance with Section 27 (6) of the act read with Section 1 (2) of the Institutional Statute of Unisa”.
Mothata also wants to declare any decisions, including his suspension, taken by this council “unconstitutional and of no force or effect”.
He also wants to interdict the remaining members of council from taking any further decisions and for the vice-chancellor to furnish him with a list of decisions already taken.
He wants the 20th to 24th respondents to appoint an administrator, as recommended by the independent assessor, in accordance with the provisions of Section 49B of the Act within 15 days of the order.
The court application has invited all the respondents to respond and, if they so wish, oppose this application within 15 days of receipt of the application.
It is not clear if Unisa is going to oppose or challenge this application, as the university had not responded to The Star’s inquiries at the time of going to print.
Earlier this month, in a statement, the university cautioned against “rumours” being peddled by Mothata, saying his suspension was due to his conduct, which was in breach of Unisa’s Code of Ethics and Conduct and the Employee Disciplinary Code.
“It is the university’s view that the suspension is necessary for the continued functioning and governance of the university. The university is of the view that due processes were followed, which informed the decision to place the registrar on suspension.”
The Star