An independent panel report laid bare the distressing extent of labour practice violations at the University of Cape Town (UCT), resulting in a significant staff exodus.

The report, led by former Supreme Court of Appeal president Judge Lex Mpati, also highlighted the profound repercussions of the breakdown in executive and governance relations.

Former UCT vice-chancellor Professor Mamokgethi Phakeng and council chair Babalwa Ngonyama emerged at the centre of the probe following allegations that Ngonyama had supplied false reasons to the UCT senate for the early departure of Professor Lis Lange, who was the deputy vice-chancellor for learning and teaching.

Staff members who had left the university included former deputy-vice chancellor, Loretta Feris, Lange, and executive director for communications Gerda Kruger.

Feris resigned in April 2021, barely two months into Phakeng's tenure, after she had formally written to the council and Phakeng to ask that she "end multiple encounters of private and public humiliation and disrespect".

She resigned after, what she believed, that Ngonyama had intervened improperly in her performance appraisal to ensure that she was not eligible for reappointment.

The panel found that Feris' termination was unfair because "she was not given an opportunity to answer the adverse comments of the vice-chancellor regarding her performance assessment".

"It was improper because it was used to achieve an ulterior purpose, i.e. removing her because of her conflict with the vice-chancellor. And it was a breach of labour law because she was effectively constructively dismissed," it said.

The report further said that Lange's contract was also similarly, irregularly, improperly and unlawfully terminated.

"It was also done irregularly because it was initiated by the chairperson of council, who had no authority to do so. It was improper because it was also used to achieve an ulterior purpose, which was to remove Lange from the Exco.

"The chairperson of council acted unlawfully, violating her right to equality by threatening that her term as deputy vice-chancellor would not be renewed if the vice-chancellor did not want her, and advised that she wished to appoint an African deputy vice-chancellor in her place.

"Lange was left with no option but to negotiate the termination of her contract. As with Feris, the facts are consistent with a constructive dismissal," the report said. 

As for Phakeng, the report said: "Phakeng repeatedly conducted herself unprofessionally by engaging in activity that is prohibited in the UCT workplace, including using threats, intimidation, ethnic slurs, personal insults and also posting racially offensive material on social media."

Regarding Kruger, the panel found Phakeng suspended Kruger without good cause in breach of labour law and UCT's policies.

Phakeng suspended Kruger after the communications and marketing department prepared a complimentary farewell brochure for Feris, which contained information about her contribution to UCT.

The publication cost R5 000 to produce and had a colour photograph of Phakeng alongside the tribute to Feris.

"When Phakeng saw it, she became very angry. Kruger's attempt to calm her down by apologising profusely were in vain."

Kruger faced several charges, including that she had no authority to make the publication, she did not inform the VC about the publication, and that it was published without Phakeng signing off on it.

The panel found that the charges were "petty, unfounded and instituted for an improper purpose".

"It was driven by VC's dislike for both Feris and Kruger," the report added. 

The panel said the university breached Kruger's right to have her grievance against the vice-chancellor dealt with expeditiously following Phakeng's defamatory public statements against her.

The scathing 179-page report was handed to Minister of Higher Education, Science and Technology Blade Nzimande.

"The minister is studying it [the report] before he can publicly comment on its findings," said spokesperson Ishmael Mnisi.