The Higher Education Transformation Network (HETN) hereby confirms that it has removed its urgent court papers from the urgent roll of the Gauteng High Court High Court against the Council of University of Sefako Makgatho + 3 Others in terms of Case No 22756/2020. 

The removal of our urgent application from the urgent Court roll proved necessary due to the delayed filing of records and compliance by Respondents with the PAIA Act 2 of 2002 and PAJA Acts 3 of 2000, one (1) day prior to the hearing of this matter on an urgent basis.

It was only through strong legal action by the Network that the SMU was compelled to comply with the PAIA and PAJA Acts of the Republic of South Africa.  Part B of our judicial review application to review and set aside the administrative action by the Council of the SMU to appoint Prof Peter Mbati as Vice-Chancellor will proceed in terms of Rule 53 on the normal Court roll.

We reiterate our view that the appointment is not in line with the Employment Equity Act of 19998 and the objectives of the National Development Plan Vision 2030 which states that the higher education sector to ensure that black South Africans and women make up 50% of the teaching and research staff of universities”.

We call on all roleplayers, stakeholders, Convocants and alumni of the Sefako Makgatho University (SMU) to join this High Court application and assert their constitutionally enshrined rights. Higher Education Managers and University Councils are not a law unto themselves and must comply with the laws of the Republic of South Africa.

We remain confident that our legal action will yield justice on the matter.

Issued by The Higher Education Transformation Network