[DEBATE] : (Fwd) More yet more on UKZN

[Patrick Bond]

Statement on UKZN suspensions

COSATU statement on the unfair treatment of UKZN academics

The Congress of South African Trade Unions reaffirms its commitment to 
the constitutionally enshrined principle of the right to freedom of 
expression, which applies to all South Africans, including those at 
tertiary educational institutions.

The federation reiterates its concern at the University of 
KwaZulu-Natal’s attempts to take disciplinary action against physicist, 
Professor Nithaya Chetty, and mathematician, Professor John van den 
Berg, on charges of "failing to take due care in communicating with the 
media, breaching confidentiality and dishonest and/or gross negligence", 
after they expressed public criticisms of the University’s record.

COSATU wishes to clarify that it is not suggesting that the university 
authorities acted illegally, when it charged the two professors. UKZN, 
like any institution, has the legal right to protect its reputation from 
unfair attack. But we believe it was ill-advised to resort to 
disciplinary measures to deal with disagreements on policy matters, 
which unfortunately raises legitimate fears that the university is 
attacking free speech and employees’ rights.

We believe that these matters could and should have been resolved 
through discussion, and in order to facilitate this, COSATU offers its 
services as mediators to bring the various parties together to resolve 
matters round the table, rather than through disciplinary action.

The federation further reaffirms its view that we still have to complete 
the transformation of the tertiary education sector, so that it is 
representative of South African society and more responsive to the needs 
of the majority of the people. A vital part of the transformation 
process has to be to create an atmosphere in which the whole academic 
community feel free to raise their concerns publicly without fear of 
disciplinary action or dismissal.

Patrick Craven (National Spokesperson)

Congress of South African Trade Unions

1-5 Leyds Cnr Biccard Streets
Braamfontein, 2017
P.O. Box 1019
Johannesburg, 2000
SOUTH AFRICA
Tel: +27 11 339-4911/24
Fax: +27 11 339-5080/6940/ 086 603 9667
Cell: 0828217456
E-Mail: patrick at cosatu.org.za

***

The Mercury

A crisis of confidence

December 12, 2008 Edition 1

Geoff Schreiner

I HAVE been watching the events unfold at UKZN over the past couple of 
years and been increasingly concerned about what I have read in the 
press and by talking to many academics at UKZN and beyond.

The present crisis triggered by the Nithaya Chetty/John van den Berg 
prosecution seems to me to represent a serious challenge, not only to 
UKZN but to the tertiary sector as a whole.

I have also, over the years, had the privilege of working with numerous 
individuals, mainly in the administration sections of the university, on 
a variety of projects aimed for the main part at improving the operation 
of the institution.

Through this work and experience at other tertiary institutions, I have 
some sense of the many challenges faced by these complex institutions of 
higher learning.

Although there is some disagreement about the exact nature of the 
problems at UKZN, at heart they seem to rest on the constitutionally 
enshrined rights to freedom of speech and expression, and the place of 
these rights in the broader context of institutional change 
(transformation). The core area of contestation is in respect of the 
right to criticise and express divergent views in terms of how the 
university is run and what it aims to achieve.

It is claimed by a growing number of staff that attempts to express 
contrary views in relation to the operation of the university result in 
intimidation, disciplinary action, heavy handed (and costly) legal 
interventions and so on.

The response from the administration and the vice-chancellor, in 
particular, is that compliance with internal rules and dictates is 
essential to the orderly running of the institution and that resort to 
public debate of internal matters is, for the main part, not appropriate 
and runs the risk of bringing the university into disrepute.

Whatever the merits of these respective views, the bottom line is that 
UKZN is unquestionably facing a serious crisis of confidence and its 
reputation is being affected. Numerous letters of concern from eminent 
academics around the world, from unions including Cosatu and from within 
UKZN, testify to a crisis of legitimacy.

Correctly, minister of education Naledi Pandor has stated that UKZN 
therefore needs to restore internal and public confidence in the 
institution.

The addressing of this issue must, of course, begin at the highest level 
of the institution with the council of the university, which is 
responsible for overall governance.

Recognising and taking steps to deal with problems is, however, not an 
overwhelming strength in SA's body politic, witness HIV/Aids and 
Zimbabwe. Closer to home and more pertinent is the Durban University of 
Technology, which all but had to implode before a caretaker 
administrator was installed and thereafter a very competent 
vice-principal, in the form of Roy du Pre, appointed. We will probably 
soon wake up to the implosion of Mangosuthu University of Technology.

It is therefore imperative that the council at UKZN clearly indicates 
that it does recognise it has a problem and brings confidence to the 
general public that it is, indeed, dealing with things in an effective 
manner.

It would be tragic if the institution were to have to plumb to great 
depths of disrepute before the council decides to act decisively in 
terms of the minister's expressed wishes.
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In addressing the problems it faces, the council would be assisted by 
the excellent commentary in The Mail & Guardian of December 5-11 by 
Pumla Gobodo-Madikezela, where she focuses on "creating a collegiate 
environment that encourages dialogue in our institutions instead of 
silencing it (so that) we can learn to respect one another and treat 
each other with dignity".

One of the obstacles to creating a collegiate environment is the 
labelling of those who have been brave enough to speak out as 
"dissidents", "racists" and "baboons". The fact is that these 
"dissidents" are established, and in many cases exemplary, 
world-renowned academics. Moreover, a large number of them were at the 
forefront of anti-apartheid struggles for a just and democratic South 
Africa.

It is imperative that the council encourages a climate at the university 
in which the various complex components that give it life are given the 
space to breath and shape their respective domains. In the context of 
higher education, this means allowing academics the space to determine 
matters academic and the administration to make the calls on matters 
administrative. Great universities have got this balance right. So what 
does this mean practically?

UKZN has enormous internal resources and should be given the opportunity 
to bring these to bear to find solutions to the present challenges it 
faces. Only if it demonstrates that it is manifestly incapable of going 
this route should outside intervention be considered.

 From the perspective of effectively managing the period ahead, it could 
be useful for the council to consider the following steps:

# A public acknowledgement that it recognises there are issues of 
confidence both internal and external;

# The appointment of a credible internal task team composed of 
representatives from academics, management, trade unions and other 
interests to address issues pertaining to the freedom of speech and 
expression in the university;

# Calling on members of the law faculty to take responsibility for all 
internal disputes and giving them authority to seek negotiated 
settlements through mediation and conciliation without incurring costly 
legal expenses;

# Requesting the vice-chancellor to nominate a representative to serve 
in his stead on the senate for a period of time to allow the academics 
in this body to make their mark on academic decision-making; and

# Calling on its entire staff to respect the processes above and to 
allow these to run their course in a genuine effort to re-position the 
university into its rightful place.

These or similar steps would undoubtedly build public confidence that 
the present challenges are being responsibly addressed, and that the 
collegiate environment based on dialogue and the mutual respect of which 
Gobodo-Madikezela speaks is indeed being restored.

# Geoff Schreiner is a director of Performance Solutions Africa, which 
focuses on institutional performance improvement and change management 
processes.