Council deliberated extensively and in the presence of the Student Representative Council (SRC) President and Secretary-General, Council agreed to release a statement denouncing the deeply offensive and threatening language used by the EFF Student Command to justify their disagreement on a matter in which they were not ostensibly involved. The Council will investigate how this breach of confidentiality happened.
The statements made in these social media posts are inconsistent with the University’s values, including respect for diversity. This unethical attack is doubly offensive as it is directed at a female member of Council when, as a nation, we continuously battle against the scourge of Gender-Based-Violence (GBV), Harm and Femicide.
The Council has on several occasions expressed itself on this social evil and, together with management, have implemented programmes to combat it on our campuses, to change beliefs and negative attitudes related to women and their bodies.
The Council of the University is the highest decision-making structure and is empowered by the Higher Education Act, 101 of 1997 (HEA) to exercise governance oversight over the University. It consists of 30 members that include internal and external members, including two members of the SRC. The University’s governance system and structures have been consistently evaluated and proven to be effective and robust.
In the execution of its role, the Council considers recommendations by its various Council committees, Senate (as per the stipulations of the HEA), Institutional Forum (IF) and makes final decisions as a collective body.
The decision-making process allows for its members to freely express their views openly, robustly, passionately and within the overall ethos of democratic principles and the advancement of the purpose and vision of the University. It is therefore completely incorrect to imply or suggest that one member can make a decision on behalf of Council. Moreover:
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The decision of Council to implement the system of financial concessions, has been in place for a number of years. This system allows students who have historic debt and who qualify in terms of the approved criteria, to apply for a concession in order to register for their next year of study. Having applied this system over the years, the University was able to assist many students to complete their qualifications and to enter the job market. The University continues with this system as it has proven to benefit our students. It is completely wrong to suggest that the Vice-Chairperson is against this policy or has changed this policy of the Council.
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The operations of the University are the responsibility of the management. Members of Council are not involved in the operations of the University as it is prohibited in terms of the Rules of Council and the Code of Conduct for Members of Council. According to the Rules and Code, a Member of Council cannot instruct a staff member in the performance of their operational duties.
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The appointment of senior staff members, in terms of the HEA and University policy, is the responsibility of Council as a collective. The appointments cannot be made by one member as this would be inconsistent with the HEA, the University Statute, and procedures. It is therefore completely untrue and a distortion to suggest that the appointment of a senior manager can be made by the Vice-Chairperson of Council.
Council is attentive to student perspectives and challenges. It consistently encourages SRC representatives to attend and actively participate and voice their concerns in council meetings. Council has however insisted on basic and humane standards for robust engagement and disagreements that include respect of our values, physical and psychological safety, and the avoidance of dignity harms to one another.
In this regard, the Registrar’s office, as the secretariat of Council, and the Council Committee on Governance and Ethics will continue to invite student representatives to participate in on-going training and development activities that educate and refresh new and existing members on the fiduciary roles and responsibilities of Council and its sub-committees.
For its part, management of the University has a responsibility to uphold the code of conduct to which staff and students are expected to conform. The SRC, likewise, has a responsibility to participate in institutional governance structures responsibly and ethically following Council’s Code of Conduct.
The Nelson Mandela University Council therefore calls on the SRC to lead student formations in condemning the conduct of the EFF Student Command in this regard and to lead inclusive engagements on combatting misogyny, GBV and related social ills at our University.
The Council reiterates that the University has several avenues open for grievances to be raised and these should be explored and engaged with by the student formation should there be an issue they wish to raise.
AMBASSADOR NOZIPHO JANUARY-BARDILL
CHAIRPERSON OF COUNCIL
23 July 2024