UCT vice-chancellor, Professor Mamokgethi Phakeng.
PHOTO: Esa Alexander, Gallo Images, Sunday Times
- News24 has threatened the University of Cape Town with legal action after the publication was denied entry to a special council meeting on Monday.
- The meeting will discuss the appointment of an independent panel to investigate allegations of misconduct against vice-chancellor Mamokgethi Phakeng and chairperson of the council, Babalwa Ngonyama.
- News24’s attorney has demanded a response by midday on Friday.
The University of Cape Town’s council has until midday on Friday to give News24 the green light to attend a special council meeting where governance issues involving two of its most senior officer bearers will be discussed – or risk facing an urgent court application.
News24 editor-in-chief Adriaan Basson wrote to the UCT council’s secretary Royston Pillay on Tuesday to request that journalists be allowed to attend the meeting on Monday where, News24 understands, a discussion will be held on the appointment of an independent panel to investigate allegations of misconduct against vice-chancellor Mamokgethi Phakeng and chairperson of the council, Babalwa Ngonyama.
Basson believes the matter is of compelling public interest, not only to UCT’s direct stakeholders, but to the South African public as a whole.
“As a publicly funded institution of higher education and learning, governance matters are critical to the function and standing of the university. It is a matter of public knowledge that the council decided at its meeting of 15 October that an independent panel should be appointed, and the council exco failed at its meeting of 24 October to appoint such panel or determine terms of reference,” he said.
And it’s Basson’s view that this public interest outweighs the council’s right to conduct its business behind closed doors.
He said:
My understanding is that council meetings are still being conducted virtually. If that is the case, it is technically very simple to admit our journalist to attend the meeting without the option to speak or participate in proceedings. We undertake to merely observe proceedings, take notes and report accurately on deliberations.
“Our ability to attend the meeting will also reduce our reliance on sources to determine accurately what transpired during council meetings regarding this matter,” he added.
But Pillay declined News24’s request on Thursday.
“As you will know, the council meetings do not make provision for the attendance by journalists. And to do so will raise a host of further issues regarding such a provision where it is made available to one media house and not others. Council meetings must be private so that members may discharge their duties on that basis. UCT will communicate the outcome of this and other council meetings as appropriate. Regrettably, therefore, please note that it is not possible to accede to your request,” Pillay said.
In response, News24’s attorney Charl du Plessis has now written to the university to demand access or face urgent court proceedings.
READ | Blow for Phakeng as UCT senate votes for independent probe into conduct of top leaders and council
“We wish to emphasise that News24 does not contend that sittings of the university’s council must, by default, always be open to the public or that this request should in any way set such a precedent. Such requests must, by their very nature, always be assessed on a case-by-case basis. However, with regard to the seriousness of the governance issues that have been raised, and the fact that they relate to two of the university’s most senior office bearers, News24 believes that this is a matter in which such access should be granted.
“We urge the registrar to take the foregoing into account and grant News24 access to the meeting. We respectfully request a response to this letter by no later than 12:00pm on Friday, 4 November 2022, taking into account the fact that News24 may institute urgent court proceedings in this matter,” the letter read.
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Last month the UCT council decided that a retired judge and independent panel of four experts would determine whether Phakeng is guilty of misconduct.
In a significant about-turn, a majority of council members voted that Phakeng and Ngonyama should be investigated by the retired judge and a panel.
At the heart of their probe is whether Phakeng and Ngonyama misled the university’s executive and senate about the reasons for the departure of the deputy vice-chancellor for teaching and learning, Associate Professor Lis Lange.
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Publish date : 2022-11-04 09:00:03
