Former Unisa senior legal adviser advocate Mbhazima Maluleke recently penned an open letter to Higher Education Minister Dr Blade Nzimande and independent assessor Professor Themba Mosia, who the department had appointed to investigate allegations of maladministration at Unisa.
In the letter, seen by The Star, dated September 24, 2022, Maluleke said he was concerned about the allegations of interference by Unisa principal and vice-chancellor Professor Puleng LenkaBula, who allegedly wanted to choose people who should be interviewed by the independent assessor.
Maluleke said it was important for the investigations to be unhindered and free of interference.
“The integrity of the outcome of the investigation depends on the unhindered and uninterfered independent assessment on every listed problem spectrum at the university. I have therefore learned with dismay, disdain and misgivings that the university forwarded to your office the list of names of individuals to render assistance to you and your team,” he said.
According to Maluleke and others, the Unisa VC was trying to put forward names of those who supported her to be interviewed by the independent assessor.
“It could not have been a coincidence or by token of chance that the list contains some of the names of people who are close associates of the principal and VC, and have been appointed and seconded to their respective offices by the principal, and others are serving in the office of the principal and VC wherein they were hand-picked by the principal and VC,” he wrote.
Maluleke said it was interference of the highest order that the vice-chancellor had a hand in who was selected to speak to the independent assessor when she was the subject of the same investigation.
“The principal and VC is subject to independent investigation, therefore it will be a miscarriage of proper investigation if she or her office or any other person close to her office is assigned a dedicated administrative support to (the) independent assessor. Therefore, this attempt to have her appointees and/or close colleagues or associates taking (an) active role in the execution of the investigation should be viewed as a contradiction to the terms of reference.”
Maluleke's sentiments were echoed by another source who said that the hand-picking of names undermined the office of the registrar.
“The submission of such names and roles of the listed people by the principal and VC to your office (independent assessor) is further viewed as an attempt to muzzle the office of the registrar and the offices of the university deputy registrars who are the jurisdictional custodians of all university records, and are also providers of secretarial services to the university council and the university management committee,” he said.
Maluleke said the interference by employees of the university would hinder the work of the independent assessor as it would prevent employees with information implicating some of those who played a significant role in maladministration at the university from communicating directly with the independent assessor.
A communication that Mosia sent to the university, dated October 10, 2022, stressed the importance of ensuring the independence of the work of his office.
“I also wish to reiterate that no member of the university community or officer of the university should seek to influence unfairly or unlawfully or even to frustrate the assessment. Moreover, I reiterate my appeal to the members of the university community to refrain from posting on social media platforms or engaging with journalists on matters relating to the independent assessment, in order to address matters with due diligence and to protect the integrity of the process,” he said.
The Unisa communications department referred The Star to the independent assessor and the Department of Higher Education, saying: “Please be informed that we do not respond on behalf of the minister and the assessor. You are welcome to approach those two for comment.”
Department spokesperson Ishmael Mnisi said he was yet to see the letter addressed to the minister by advocate Maluleke.
“I am not aware of that letter. I personally have not seen it, but let me check with the people who might have received this letter directly. I will have to check with the minister if they have received this letter and then we can take it from there,” Mnisi told The Star. Mnisi had not reverted to The Star on the availability of the letter at the time of going to print.