David Macfarlane
The controversial chair of the University of South Africa (Unisa) council, advocate McCaps Motimele, is one of 12 defendants in a case involving alleged fraud perpetrated against the North West government to the tune of more than R5-million.
And the fees Motimele earns as head of Unisa’s council are now under official scrutiny as well: Minister of Education Kader Asmal has appointed the auditor general to investigate the money Motimele and some other Unisa councillors earn for duties that councillors at most universities and technikons perform in the public interest for free.
Compounding the turmoil wracking the huge distance education university, Motimele is now also the first respondent in a high court case brought by Unisa senior lecturer Dr McGlory Speckman.
Speckman’s founding affidavit alleges that Unisa’s council exceeded its powers by overturning his appointment as deputy dean of the faculty of theology. Unisa sources say this is the latest incident in Motimele’s history of constant interference in academic matters.
The North West case centres on alleged fraud in the tendering process for supplying wall charts to all schools in the province. The case will involve civil proceedings in a special tribunal set up in terms of the special investigating unit Act of 1996.
The special investigating unit, the MEC for the Department of Education, Arts, Sports and Culture, and the chairperson of the North West Provincial Tender Board are bringing the action against 12 defendants who allegedly “wrongfully, unlawfully and corruptly conspired with each other to defraud” the education department “by unlawfully persuading the Department of Education and the Tender Board to grant the tender” for the wall charts in 1996.
The case involves alleged misrepresentation of the costs of the wall charts, and the alleged use of personal and family connections to ensure that the contract for supplying the charts was awarded to Ukukhululeka Management and Business Consultants CC.
Among the defendants are the former MEC for education in the North West, MB Goaretelewe, the former chairperson of the province’s tender board, Gabriel Mokgoko, and a former director in the province’s education department, Raymond Patel.
Motimele and a relative, Lesetja Motimele, are named in a notice of civil proceedings as being “brothers and/or cousins and/or otherwise related to” Goaretelewe, as well as being partners in Ukukhululeka or, alternatively, as having had “a beneficial interest” in the management consultancy. Motimele allegedly received R724 500 from the deal. The Mail & Guardian understands that the case will be heard in the foreseeable future.
Motimele’s remuneration as head of Unisa’s council has been a source of controversy since his appointment about two years ago. The M&G reported in February that he claims about R30 000 a month, and that some other councillors claim about R20 000. Last month Motimele served the M&G with a lawsuit claiming R1-million in damages for defamation as a result of this report.
The M&G understands that Asmal requested but failed to receive a satisfactory account from Unisa of its councillors’ remuneration. Because taxpayers’ money is involved, the matter falls within the scope of the auditor general’s powers.
Controversy centred on Motimele again erupted last month with the resignation of then vice-chancellor Antony Melck. Asmal had specifically requested that Unisa not appoint a new vice-chancellor, in the light of the university’s pending merger with Technikon SA and Vista University’s Distance Education Centre. The merger is a central pillar of Asmal’s national higher education plan, and will create a mega-institution.
Although Melck agreed to stay on, the Unisa council did not respond to his offer to do so, and proceeded to appoint Barney Pityana, chairperson of the Human Rights Commission, as its new vice-chancellor. Unisa insiders interpret these events as the attempts of a cabal, led by Motimele, to assume control of the university.
Speckman appears to be the latest victim of power struggles at Unisa. His high court affidavit states that he fulfilled all Unisa’s requirements for appointment as deputy dean including beating the only other candidate by 40 votes to 12 in the faculty of theology. Despite this, the council overturned the appointment. Speckman is asking the court to set aside the appointment the council then made, to rule that the council acted outside its powers, and to instate himself as deputy dean.