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PHUTI MOSOMANE
SUSPENDED University of South Africa (Unisa), Registrar Professor Steward Mothata has hit back over the “unlawful” reasons behind his suspension.
Mothata was placed on a precautionary suspension a week ago for the reasons outlined in a confidential letter to him.
However, his lawyer, Modidima Mannya, Mothata, described the actions by Unisa as an:” abuse of power”, adding that Vice-Chancellor Professor Lenka Bula does not have any powers whatsoever to suspend him.
The Registrar claims he is being victimised over acts of alleged sexual misconduct levelled against him by a staff member 13 months ago. The details of these were lodged with Unisa Council, but no action has been taken.
“The power to suspend and take any disciplinary action vests in the Council of the university. For this reason alone, the suspension is unlawful as a matter of law.”
In the legal response, Mothata said Council appointed an external advisory firm PWC to investigate allegations of sexual misconduct against him. However, the preliminary report of the investigation confirms that the complaint is void of any truth and points to gross misconduct on the part of Prof Lenka Bula.
“The report specifically indicates the non-cooperation of Prof Lenka Bula. It is clear that the suspension is retaliation for the fact that the purported sexual misconduct complaint has been found to lack merit and exposes the participation of Prof Lenka Bula in the abuse of sexual misconduct.”
In another twist, in February 2021, Prof Mothata said in the lawyer's letter that he had reported to Council the misconduct of Prof Lenka Bula concerning the renovations at the Vice Chancellor’s house. These allegations were not investigated and subsequently were investigated by the Independent Assessor, who made damning findings against Prof Lenka Bula.
On 28th May 2023, Prof Mothata reported to Council what is unlawful conduct on the part of Prof Lenka Bula in making a payment of R500 000 (five hundred thousand rands) to Ms More, the claimed complainant in a sexual harassment complaint against Prof Mothata.
Prof Mothata accepted the findings of the Independent Assessor.
But Unisa has noted with concern the spurious allegations attributed to Prof Mothata, in which he is said to have told some media that he is being targeted for telling “the truth” and that the suspension letter is “vague.”
“We want to put it on record that the university needed to put Prof Mothata on precautionary suspension owing to his conduct which is in breach of the Unisa’s University Code of Ethics and Conduct and the Employee Disciplinary Code.”
“It is the university’s view that the suspension is necessary for the continued functioning and
governance of the University. The university believes that due processes were followed, which informed the decision to place the Registrar on suspension.”
Meanwhile, according to City Press at the weekend, the Unisa council has asked Higher Education Minister Blade Nzimande not to disband them but to appoint an additional three members to assist them in performing their duties.
The newspaper said that the council pleaded with Nzimande, following an explosive 309-page report by Themba Mosia, after investigating allegations that the council was ineffective and maladministration claims against principal and vice-chancellor Professor Puleng LenkaBula.
Mosia recommended to Nzimande that the council be disbanded, LenkaBula sacked, and an administrator appointed for Unisa.
Nzimande is studying the report.
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