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By Johnathan Paoli
Durban University of Technology vice-chancellor and principal Thandwa Mthembu has filed an application in the Durban High Court to interdict the university’s executive council from suspending him.
The council announced its intention to Mthembu last week, following recommendations by a forensic investigation last year into delays of the DUT 355 project.
The project was to construct its new engineering building and lecture halls at the Indumiso campus, as well as the construction of a student centre, multipurpose halls and parking garages at the Steve Biko campus.
The forensic report recommended that Mthembu be suspended and consequenced, however, three legal opinions have subsequently found the recommendations to be irrational, unjustifiable and illegal.
Nevertheless, 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.
In addition, Mthembu is seeking an order interdicting the committee from institutingdisciplinary action against him.
He approached the court after the council resolved to suspend him at the beginningof the month.
Mthembu claimed that the external council members had excluded internal council members from both meetings to push through the resolution to implement the recommendations, and any decision was questionable in light of the failure to
achieve a quorum.
“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.
He claimed that the decision to exclude certain members from the decision-making process was a clear indication of bias on the part of a faction within the university that wanted to see him removed.
“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.
Those wishing to oppose the application have until Friday to do so.
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