/ 2 March 2001

Students take dispute with university to HRC

Marianne Merten

The Human Rights Commission (HRC) wants the University of the Western Cape (UWC) to explain an across-the-board reduction of marks for final-year management students.

The students’ marks for their labour relations course were reduced by the chair of the management department.

HRC Western Cape coordinator Victor Southwell said provisional findings showed the reduction of marks last year could amount to a violation of administrative justice guaranteed in clause 33 of the Constitution.

The dispute started after the marks of management students were cut by between 3% and 5% after the mid-year exams. Several students failed. Many, including the wife of an African National Congress MP, are angry about what they describe as “an attack on their intelligence”.

The HRC’s initial investigation has found “there may be a violation” following a complaint by labour relations lecturer Brian Williams last August. The university has been given an opportunity to respond before any final decision is made. A letter asking UWC to provide all relevant documentation was posted this Monday.

Documentation submitted by UWC at the end of January after the HRC threatened to subpoena the university following several delays has apparently failed to explain the reasons for the mark reduction.

UWC has advised the professor concerned, Philip Hirschsohn, not to comment. A statement said UWC followed internal procedures and found no substance to the misconduct claims.

UWC cleared Hirschsohn of wrongdoing in November. A report by a UWC investigating committee unanimously dismissed the students’ claims of misconduct.

It found “no evidence or allegations indicating that Professor Hirschsohn did anything but meticulously carry out the duties imposed on him as departmental chair. Despite such reduction in marks, 88% of the class still passed the module. This is about 30% higher than the pass rate for previous years.” It also says “there is nothing to suggest that Professor Hirschsohn acted in a manner unfairly prejudicing either the students or Mr Williams”.

ANC MP John Gogotya wrote to UWC after meeting a group of concerned students. His wife, Wonkie, was one of the students whose marks was reduced.

“He undermines our intellect as black students and he undermines our lecturer. I take strong exception to cutting the marks without consultation. It is disrespectful,” she said.

Williams is concerned about the way the committee conducted its hearing because no witnesses, for example prejudiced students, were allowed to testify before the committee.

Said Williams: “My interest in the matter is to ensure high academic standards, accountability, transparency and that the injustice against the students be corrected.”