UCT academics seek urgent action against ‘conflicted’ deputy chair

The University of Cape Town’s (UCT) Academics Union has issued a lawyer’s letter to the council asking it to take immediate disciplinary action against its deputy chair, Pheladi Gwangwa, for “conduct unbecoming of her office”.           

This follows her failure to recuse herself from chairing council meetings dealing with the appointment of an independent panel to investigate potential misconduct by vice-chancellor Prof Mamokgethi Phakeng and council chair Babalwa Ngonyama.

The issue the panel will be expected to investigate is whether Phakeng and Ngonyama misled faculty boards, the senate and/or council.

A council resolution calling for the appointment of an independent panel follows allegations that Ngonyama lied to the senate about the reasons for the departure of associate professor Lis Lange, the deputy vice-chancellor for teaching and learning. Ngonyama told a meeting of the senate on September 30 that Lange left for personal reasons, a claim she vehemently denied.

A meeting by an eight-member subcommittee of council on Tuesday to discuss the composition of the panel — which was chaired by Gwangwa, who refused to recuse herself as chair despite fierce opposition from some council members — ended in an impasse.

While some of the eight members at the meeting favoured the inclusion of at least three retired judges on the panel, others, including Gwangwa, wanted people with different skill sets. It was eventually agreed a special council meeting be convened to finalise the process.

The Academics Union’s lawyer stated in a letter dated October 24 that Gwangwa refused to recuse herself from a council meeting held on October 15.

“The deputy chair of council is obviously conflicted as she is chair of UCT’s human resources committee and a member of the university’s remunerations committee.

“She was integrally involved in the departure of Lange. The deputy chair’s failure to recuse herself in these circumstances breaches the Higher Education Act, the UCT conflict of interests policy and UCT statute.”

The letter stated the deputy chair of council “is attempting to have a significant say in choosing the five members of the independent investigative panel and to determine other arrangements in this regard”.

The Academic Union’s lawyer asked the council to ensure Gwangwa refrains from any further involvement in matters involving the appointment of the panel members.

“It is imperative that all non-conflicted members of council shortlist, select and appoint the independent investigative panel.”

The letter stated it was “not appropriate” for a subcommittee of eight to nominate panel members. “Council as a whole, excluding conflicted members, must fulfil this task.”

The Academic Union’s lawyer said the allegations against Phakeng and Ngonyama “are of the most serious kind” and “the reputation and character of the university are at stake”.

UCT spokesperson Elijah Moholola said they remained “fully focused on and committed to the process” of establishing a panel to investigate circumstances related to Lange’s departure and matters related to executive relationships and resignations within and beyond the UCT executive management team.

“This process should be allowed to unfold without any undue influence so that the work that is required can be undertaken as expeditiously, thoroughly and fairly as possible.”