The North-West University has reiterated that the selection and appointment of Dr Bismark Tyobeka as the new principal and vice-chancellor was fulfilled in strict accordance with the NWU statute and rules for appointing office- bearers.
The NWU released two statements on Sunday, 20 March and Wednesday, 23 March to set the record straight after various media enquiries regarding Dr Tyobeka’s appointment. The National Education, Health and Allied Workers’ Union (Nehawu) also released a statement on Wednesday, 23 March, questioning his appointment.
Nehawu scrutinised the selection and appointment procedures of the vice-chancellor position because Tyobeka had held the position of NWU Council chairperson before his appointment.
“Dr Tyobeka was still the chairperson of the NWU Council when the same council voted for his appointment as vice-chancellor. We find this to be a serious conflict of interest, as he resigned from his position as chairperson of the NWU Council, only after he had voted himself in and was awarded the position of VC,” said the statement.
The NWU refuted these allegations, stating that everything was done according to the book.
“When the Council process for the appointment of the VC commenced on 3 February 2022, Dr Tyobeka declared a possible conflict regarding the vacant position. Since then, he had been recused from all Council and Council-committee activities. He resigned as a member of Council on 17 March, after he was informed of his appointment as vice-chancellor.
“The Council and its selection panel were aware that a possible conflict of interest could arise during the process and, accordingly, decided to source independent legal advice. The legal advice indicated that considering the prescripts of the abovementioned rules and labour laws, excluding Dr Tyobeka from applying for the position would not be permissible and would constitute unfair discrimination.
“Therefore, to require Dr Tyobeka to first resign as chairperson of Council before applying for the vacancy of vice-chancellor had no legal basis or justification. The recusal from the process of recruitment and appointment was as per all relevant prescripts,” read the NWU’s statement.
The NWU further explained the process of Dr Tyobeka’s appointment at an internal level, indicating that the University management committee (UMC) had advised on the minimum requirements for the position of vice-chancellor.
“The professional fit for this position was determined after considering the profile, psychometric assessments, the interview, transformation, the response to a case study and the presentation made by the candidates on the following topic, ’Taking into consideration where the NWU is currently, how would you take it to the next level?’”
According to the NWU Senate and rules, the Senate and the Institutional Forum are required to express an opinion on the suitability of shortlisted candidates for appointment. “The opinions expressed by these structures on the suitability for appointment of Dr Tyobeka were as follows: the Institutional Forum (a broad and representative structure, involving various stakeholders) indicated an 80 per cent suitability for appointment, while the Senate (an academic governance structure, mainly comprising academics) indicated a 40 per cent suitability for appointment,” explained the NWU in its statement.
After due and thorough consideration of all the relevant factors, the selection panel, through consensus, resolved on 14 March 2022 to recommend the candidature of Dr Bismark Tyobeka as vice-chancellor to Council for consideration and approval
. On 17 March 2022, Council was fully apprised of all the relevant facts following the Statute and the Rules to consider an appointment. “
According to the NWU Statute, Council must appoint the vice- chancellor by a two-thirds majority through a secret ballot process. The outcome of the voting was 78 per cent in favour of Dr Tyobeka’s appointment.
“The NWU is confident that the required process was concluded according to all prescripts and that the input of all relevant stakeholders had been duly taken into account,” mentioned the NWU in the statement.
“In accordance with our governing Statute, Council will elect a new chairperson at its next meeting on 23 June 2022. Until such time, Mr Bert Sorgdrager, deputy chairperson of Council, will act as chairperson.” 
