UCT council pauses disputed Moshabela resolutions as court fight continues
The University of Cape Town’s council has put four contested resolutions on hold while Vice-Chancellor Prof Mosa Moshabela’s court challenge plays out in the...
The University of Cape Town’s council has put four contested resolutions on hold while Vice-Chancellor Prof Mosa Moshabela’s court challenge plays out in the Western Cape High Court. The move buys time, but the dispute is far from over.
The decision came at a special council meeting on Saturday, after members considered legal advice linked to Moshabela’s judicial review application. He is asking the court to set aside four resolutions adopted by council on May 30.
What the council paused
The suspended resolutions are the ones Moshabela is actively challenging: resolutions three, four, five and six. They deal with allegations about his conduct, executive coaching, an annual structured 360-degree evaluation, and a further investigation into the Forest Hill incident.
One part of the council’s earlier decision is not caught up in the court battle. The separate resolution not to institute disciplinary proceedings against him was not included in Moshabela’s challenge.
Briefly: the fight narrowed.
Moshabela’s complaint-based probe claim
In a 64-page affidavit filed last week, Moshabela argued that the complaints-based investigation approved by council was gradually changed. He says that left him without a fair chance to answer allegations before decisions about his conduct were taken.
That claim goes to the heart of the case. It raises questions about how a university of UCT’s size and profile handles sensitive internal complaints while protecting due process. The dispute has also pulled renewed attention to complaints recorded by UCT’s Ombud, Nashira Abra, according to one report on the matter.
Next steps in court
Council chair Norman Arendse said the university had received and considered independent legal advice before deciding to suspend implementation of the resolutions. He also said council would follow the preliminary processes required by the court rules and wait for Moshabela to supplement his papers before deciding whether to oppose the review.
Council has said it is willing to enter mediation to help resolve the dispute. The resolutions will stay suspended until the High Court makes its final determination.
For now, UCT is holding the line. The next move sits with the court filings, and with the university’s response once Moshabela completes his papers.
