Former UCT council chairperson Babalwa Ngonyama has accused the panel of being one-sided in its investigation into governance issues at the university. File Picture: Leon Lestrade / Independent Newspapers
The former council chairperson at the University of Cape Town (UCT), Babalwa Ngonyama, has denied “rogue” allegations levelled against her in the independent report, and slated the report as tarnishing her image.
This is after the independent panel that was appointed to investigate governance issues at UCT released its long-awaited report this week.
The 179-page report, which was compiled by a panel led by retired Judge Lex Mpati, revealed that Ngonyama committed "serious governance failures" by untruthfully misleading the institution.
It also found that she had gone “rogue” during her tenure as chairperson and also found her to have breached the council’s code of conduct by not adhering to their duties.
In a statement, Ngonyama said on Friday, “I strongly deny the allegations made against me in the report.”
She accused the panel of being one-sided and making unverified and untested allegations against her, which led to the unlawful damage and defamation inflicted upon her dignity, reputation, and character.
Ngonyama said a legal review process was pending in the Western Cape High Court to challenge the lawfulness and fairness of the process and the nature and extent of the panel’s powers.
“I eagerly anticipate the resolution of the legal review process in the Western Cape High Court,” she said.
According to her, the investigation process that could have been used constructively, was rendered a missed opportunity as it morphed to target a few individuals.
“It is one thing to focus on improving governance at UCT; it is a completely different matter to use the process to lay blame,” she said.
She alleged that the investigation was targeted at undermining her reputation and scape-goating her, making predetermined and unfounded adverse findings concerning her character.
“I remain aggrieved by the manner in which the panel chose to proceed with the process without providing me the opportunity to test the evidence against me, something that conflicts with the basic tenet of procedural fairness. As part of the process, I requested that I be furnished with the statements of the individuals beforehand and be afforded an adequate opportunity to address them. I also requested that I be allowed to cross-examine the witnesses as part of testing the allegations against me. I was not afforded that courtesy.
“This denied me an opportunity to exercise my right, prepare for, provide input, and reply during the panel’s investigation. Despite repeated offers and requests to participate in the process and that a fair and lawful process be followed. I was ultimately refused an opportunity to participate in the investigation,” said Ngonyama.
Ngonyama said the process followed by the panel was unlawful and infringed on her rights to dignity and to be heard in a fair, transparent, and impartial manner.
Additionally, UCT’s conduct and the constitution of the panel violated the Constitution of South Africa, the Higher Education Act, and the university's policies, with the result that the panel was not legally competent to make any findings at all.
Ngonyama said that during her tenure, they faced significant difficulties, but secured UCT’s place as a leading university.
She said that the assassination of her character was the ultimate goal to satisfy the political grandstanding within UCT.
"The panel and council have sought to tarnish my legacy at UCT, but the facts will speak for themselves in due course,” she said.
kamogelo.moichela@inl.co.za
IOL Politics