Nzimande ordered to reverse ‘unlawful’ decision to place Unisa under administration

Only days after the University of South Africa (Unisa) was placed under administration, Higher Education, Science and Innovation Minister Blade Nzimande has been ordered to reverse his decision.

Last Friday, Nzimande appointed former University of Johannesburg vice-chancellor Professor Ihron Rensburg as Unisa’s administrator.

The announcement was published in the government gazette.

The minister had informed Unisa of his intention to place the institution under administration amid allegations of mismanagement.

The university, however, successfully interdicted him from doing so on 6 October.

Unlawful

The Gauteng High Court in Pretoria has since declared Nzimande’s decision as unlawful.

“It is declared that the minister’s decision published in government gazette number dated 27 October 2023 is in breach of the order granted on 24 August 2023 by Honourable Adams J and unlawful,” Judge Andre Le Grange’s brief judgment reads.

Le Grange ruled that Nzimande must “immediately” retract the government gazette.

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The minister, on 24 August, had been ordered not to take any decision pending the finalisation of the Unisa’s interdict application.

He was also ordered not to take any decision until the application to review and set aside the independent assessor’s report would have been heard, which is still before the courts.

Unisa on Saturday said in a statement it believed Nzimande’s announcement was “ill-timed and insensitive” – and was in contempt of the 6 October court order.

Investigation reports

Nzimande’s decision to put Unisa under administration followed the recommendations of independent assessor, Professor Themba Mosia, and the report of a ministerial task team led by Vincent Maphai. 

Mosia was appointed in September 2022 to conduct an investigation into the affairs of Unisa and compile a report with findings and recommendations.

The report was submitted to Nzimande in March this year before it was tabled in Parliament in May.

Mosia’s investigations uncovered financial and other maladministration which undermined Unisa’s effective functioning, and yet “performance bonuses were being paid to the executive management”.

Furthermore, the ministerial task team’s report found that Unisa’s council had failed the university “dismally”.

READ MORE: Unisa’s legal battle against administration decision worries students

According to Nzimande, both reports highlighted “governance and management problems characterised by a gross neglect of consequence management” which, in turn, compromised performances in Unisa’s supply chain management (SCM), human resource (HR) and finance departments.

“The minister has considered the report of the assessor in the main and the response of the council to the report. The minister is persuaded that the council is unable to take responsibility; and is incapable of taking meaningful action to address the many problems that face the institution.

“After careful consideration of the above, it is indicative that the fiduciary duty of the council has been severely compromised, and the dissolution of the council and the consequent appointment of an administrator in terms of section 49B of the act is therefore in the best interest of the university,” the gazette notice read.

There has since been calls for the Hawks and the Special Investigating Unit (SIU) to launch an investigation into Unisa.