Durban University of Technology vice-chancellor fights suspension

Durban University of Technology’s vice-chancellor and principal Prof Thandwa Mthembu has applied for an order in the Durban high court to interdict the university’s executive council from suspending him.

The decision by the executive council to suspend Mthembu was communicated to him last Thursday. It is in relation to Project DUT 355, the university’s project to construct its new engineering building and lecture halls at Indumiso Campus, and the construction of a student centre, multipurpose halls and a parking garage at Steve Biko Campus. 

A forensic investigation was instituted in 2023 to look into the delays in the implementation of the project. The forensic report recommended that Mthembu be suspended and disciplined. 

However, the university obtained three legal opinions that stated that the findings and recommendations were irrational, unjustifiable and illegal. 

Despite these opinions, a letter was sent to Mthembu dated September 5. The executive committee said the suspension was to allow the university to investigate possible charges of, among other things, gross negligence, substandard work performance, dereliction of duties, possible misappropriation of funds and causing the institution financial losses relating to the project.

Mthembu, in an urgent application filed on Monday, is also seeking an order interdicting the executive committee from instituting disciplinary action against him. 

He approached the court after the executive council sat on September 3 and resolved to suspend him. 

“This is a function that could not be delegated to exco and was a function of council,” Mthembu said in an urgent application, which has been set down to be heard on September 18. 

In his urgent application, Mthembu is seeking an order interdicting the university council from implementing the decisions of August 3 and 17 to adopt the recommendations of the forensic report. 

The external council members had excluded internal council members from both meetings to push through the resolution to implement the recommendations, he said. 

Mthembu said the decisions of the council to implement recommendations were unlawful because at the time the council took those decisions it was not quorate as it excluded other council members.

“The exclusion of internal council members from the meeting at which the decision was taken to implement the forensic report means that the decision was taken by a council that was not properly quorate. 

“The exclusion of internal council members, without affording them a right to be heard, on that exclusion in itself is unlawful, and any decision taken by the council in this regard is unlawful,” Mthembu said in his founding affidavit dated September 7. 

The council took a decision to implement the forensic report in circumstances where the external councillors were aware of legal opinions saying that the forensic report was unsustainable and was completely irrational. 

“In circumstances where the external council members deliberately exclude internal council members so that they may force the resolution through demonstrates that they are biased against me or at least demonstrates that there is a reasonable suspicion of bias against me.” 

Mthembu said on Friday that Wiseman Madinane in his capacity as chair of the council sent an email to all members of the council in which he considered the decisions taken on August 3 and 17 to be unlawful.

Mthembu gave those who wished to oppose his application until Friday to file their answering affidavits. 

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