/ 15 December 2022

UCT council receives new claim from Kruger against vice-chancellor Phakeng

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The University of Cape Town (UCT) council has received a new complaint against embattled vice-chancellor Professor Mamokgethi Phakeng from suspended executive director for communication and marketing Gerda Kruger.

The University of Cape Town (UCT) council has received a new complaint against embattled vice-chancellor Professor Mamokgethi Phakeng from suspended executive director for communication and marketing Gerda Kruger.

Kruger has asked the council for help in a “desperate attempt to seek an internal resolution to an egregious failure of the university leadership to adhere to university policies”. The matter was on the agenda for a council meeting which was scheduled for Thursday, but has since been postponed to January.

Kruger was charged with producing a UCT publication, The End of Term at UCT, without obtaining authorisation or informing Phakeng about it. Without permission, Kruger allegedly published a tribute under Phakeng’s name.

Phakeng, a mathematics professor, has been rocked by mounting opposition to her leadership at a divided UCT campus, including accusations against her of flouting governance processes.

She told Mail & Guardian that her detractors want her out before her second term starts in July next year.

“Since I began as vice-chancellor, I have dared to challenge several ‘untouchables’ at UCT, investigating racism in their departments or the quality of their work. People are working with some council members to act against me. However, under my watch, UCT is the number one tertiary institution in Africa, according to several global rankings,” she said.

“People loved my leadership style when I stopped [student] protests and brought the university to stability, and now they don’t like it because I am taking on white privilege. My conscience is clear. I have, and will always, put the university first.”

On the Kruger matter, Phakeng said she could not comment on an ongoing disciplinary issue but confirmed that lawyers acting for the communications chief had sought an exit package, which she turned down because the disciplinary process must be completed internally first.

“Kruger and her lawyers know very well what her transgression is, and she should be happy that I have not opened a criminal case against her,” Phakeng added.

When Phakeng took office, Kruger, who worked previously in the mayor’s office in the City of Cape Town, allegedly told Phakeng that she had seen five vice-chancellors “come and go”.

In a 2019 report, advocate Justice Nedzamba investigated reports alleging, among others, nepotism, racial discrimination, bullying and irregularities in the recruitment and selection of staff members in the communication and marketing department (CMD) under Kruger.

“The existence of bullying and racism within the CMD is not a myth. Though subtle, input from interviewees demonstrated that indirect racial discrimination exists. So does a climate of fear, bullying and intimidation,” the report said.

In her letter to the council, Kruger said she had been suspended almost seven months ago by Phakeng over what she believed were vindictive allegations aimed at removing her from a post she has held for 23 years.

Kruger has asked the council to include her complaint in its alleged governance charge against Phakeng and council chair, Babalwa Ngonyama, which came after a complaint from Associate Professor Lis Lange following her retirement in March.

Lange, who signed a non-disclosure agreement and voluntarily agreed to take an R1.6 million pay-out, claimed in a letter before the senate in June that she had been forced out by Phakeng and Ngonyama, prompting what has been described as a governance crisis.

The now-postponed council meeting was meant to discuss feedback from Ngonyama on the health of the vice-chancellor, who was discharged from hospital on 9 December, and the departure of Royston Pillay, the registrar. Also on the agenda was the composition of  an independent panel tasked to look into charges of misconduct against Phakeng. 

Retired judge Sisi Khampepe is no longer available to serve on the panel and efforts to replace her with Bess Nkabinde, a former constitutional court judge, have been rebuffed.

The panel will be chaired by retired president of the supreme court of appeal (SCA) Lex Mpati, and includes retired SCA judge Azhar Cachalia, governance expert Trish Hanekom and Wits University head of transformation Bernadette Johnson. 

They are expected to listen to the matter from 23 January over six weeks. Some council members want the deliberations heard behind closed doors, but Phakeng has said on social media that it should be open to the public and media.

Kruger said the claims against her form part of the governance issues at UCT relating to Phakeng’s conduct and leadership style, which has resulted in an intolerable and fearful working environment.

She lodged a grievance against Phakeng on 7 October regarding a post about Kruger on social media, which she said was untrue and defamatory. Kruger said the UCT’s failure to deal with a serious grievance against Phakeng while targeting her, contravened university policies and constituted a governance breach.

Professor Elelwani Ramugondo, the deputy vice-chancellor for transformation, student affairs and social responsiveness, is the acting vice-chancellor until Phakeng returns to work on 9 January. 

Mail & Guardian have not been able to get a comment from Kruger by the time of writing, despite numerous attempts.

Two weeks ago, the council submitted a report on the crisis at UCT to Blade Nzimande, the minister of education, science, and innovation. — © Higher Education Media Services

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