Minister of Higher Education, Science and Technology, Dr Blade Nzimande, has been interdicted against placing the University of South Africa (Unisa) under administration.
This order was granted by the Pretoria High Court on Friday morning following Nzimande’s announcement that he intended to place Unisa under administration on Friday.
Nzimande was due to make the announcement of his decision to appoint an administrator, but this decision has been challenged by Unisa through the high court.
Judge Harshila Kooverjie indicated that there is a problem with his notice and subsequently granted the university’s urgent interdict.
According to a draft order dated Friday, 6 October 2023, the minister is interdicted from taking any action in respect to his notice and has been ordered to pay Unisa’s legal costs.
Kooverjie said Nzimande’s notice was in breach of another order issued by Pretoria High Court judge Leicester Adams in August 2023, which prohibited the minister from acting on Unisa independent assessor Professor Themba Mosia’s recommendations until the cases relating to his report had been finalised.
“It is ordered that the rules relating to service and time periods in dealing with the application as one of urgency in accordance with the previous rules 6(12) of the uniform of rules of court are dispensed with, and this matter is dealt with as one of urgency.
“It is declared that the minister’s notice of intention to act, dated 4 October 2023 , is in breach of the order of the above honourable court granted by Mr Justice Adams on 24 August 2024, and in particular, order number 8.
“The minister is ordered to withdraw the Notice forthwith upon granting of this order,” the court said.
The State Attorney’s notice cited two cases that Unisa had lodged against Nzimande and Professor Mosia.
In the first case, the university’s council is cited as an applicant seeking to interdict Nzimande from appointing an administrator.
The second case was brought by Unisa vice-chancellor, Professor Puleng LenkaBula, in a bid to set Mosia’s independent assessor report, which had recommended that Nzimande appoint an administrator for Unisa and relieve the administration, led by LenkaBula, of their duties.
On Friday, the university said it had not been informed of the minister’s decision to place it under administration.
Attempts to get comment from the minister were unsuccessful at the time of publishing.
This is a developing story. More details will be made available.