Statement issued by concerned members of the UCT Council

7 October 2022

We, the undersigned, wish to place on record our concern with events that transpired at a
Special Meeting of the University of Cape Town (UCT) Council on 6 October. In particular,
we seek to dissociate ourselves publicly from a decision of Council that was based on a
flawed voting process, and which is unlikely to stand up to legal scrutiny.

In taking the unusual step of releasing this dissenting statement, we are guided solely by our
fiduciary responsibility to uphold the integrity of the institution, as well as the duty of care
we owe to the broader university community.

The proceedings of the Senate meeting of 30 September, which were widely reported on in
the press, raised issues of grave concern around good governance, past and pending exits of
several senior executives, and the proper functioning of Council in the execution of its
mandate. During the Senate meeting, several allegations were made about the conduct of the
Chair of Council in the chain of events that led to Associate Professor Lis Lange's departure
from her position as Deputy Vice Chancellor: Teaching and Learning. The circumstances
surrounding Prof Lange's departure remain a matter of dispute, the subject of conflicting
versions.

As the highest decision-making authority of the university, it behoves Council to get to the
bottom of these matters – to address them with the utmost seriousness and resolve – in a
manner that promotes the dignity of the institution. Many of these governance issues have
been festering since before the fallout from the departure of the former UCT Ombud, Zetu
Makamandela-Mguqulwa. For this reason, a number of the signatories to this letter have
repeatedly requested – over a period of several months – for a Special Meeting of Council to
be convened, at which these and other pressing concerns would be fully ventilated. These
requests have been systematically thwarted.

At the Special Meeting of Council on 6 October, which was called by the Chair of Council,
the signatories to this statement supported a motion to establish an independent panel, headed
by a retired judge or someone of similar stature, to probe the allegations and concerns raised
by members of Senate at the meeting held on 30 September, as well as the broader issues
listed above.

Some 14 Council members (of the 28 who cast their ballot) voted in favour of the
aforementioned motion. However, another (alternative) motion was proposed, and it was
voted upon at the same time. This motion called for an internal investigation, spearheaded by
a subcommittee of Council, to look into governance and procedural matters relating to the
Senate meeting of 30 September. The alternative motion also garnered 14 votes. In other
words, there was no consensus in Council on how the matter should be handled. The Deputy
Chair of Council (who was chairing the meeting) cast the deciding vote in favour of the
second motion.

In our opinion, there are a number of procedural problems with the way in which the vote
unfolded. The Chair of Council did not recuse herself from the vote despite considered advice
to do so, her obvious conflict of interest, and the potential risk to the University.
The Deputy Chair of Council is also the Chair of the University Human Resources
Committee. The fact that she cast the deciding vote – even though the latter role makes her a
central protagonist in matters relating to Professor Lis Lange’s departure – is also a cause for
concern.

We believe that these potential irregularities render the decision of Council fatally flawed.
Both the process leading up to the vote, and the outcome to which it gave rise, cannot be
reconciled with the principles of good governance.

In closing, we take note of the statement released by the Deputy Chair of Council after the
Special Meeting of Council. We regard its contents as inaccurate; we distance ourselves from
it; and we reserve our rights on the way forward.

Signed by:

Sheila Barsel
Malcolm Campbell
Michael Cardo
Danwood Chirwa
Ezra Davids
Marlene Le Roux
Shuaib Manjra
Nazeema Mohamed
Ntobeko Ntusi
Jacques Rousseau
Gareth van Onselen
Dianna Yach

Note: This statement is signed by the abovementioned members of the UCT Council in
their individual capacities, and does not reflect the views of the Council as a whole.