By Thapelo Molefe
An independent investigation into the governance and management of the University of Venda (UNIVEN) has been ordered, with Professor Norman Duncan given 90 days to get to the bottom of problems that have raised concerns about the institution’s Council, executive management, finances and internal governance.
Duncan was appointed as an Independent Assessor by Higher Education and Training Minister Buti Manamela in terms of sections 44 and 47 of the Higher Education Act, with his appointment published in the Government Gazette on 11 August.
His investigation will go beyond a general review of the university’s administration.
The terms of reference require him to examine specific decisions and disputes that have affected UNIVEN, including the Council’s handling of the precautionary suspension of Vice-Chancellor and Principal Professor Bernard Nthambeleni and Chief Operating Officer Botwe Kraziya, as well as litigation affecting the university.
Duncan must also assess whether the Council has been able to properly discharge its statutory responsibilities and examine the functioning and effectiveness of the Council and Executive Management.
The terms of reference require him to consider the relationship between the two structures and whether it has affected the governance and administration of the university.
He will also investigate whether members of the Council and Executive Management have been able to fulfil their statutory and fiduciary duties.
Financial decisions and concessions made by the Council will also come under scrutiny, including legal fees and their impact on the financial sustainability of the university.
Duncan has further been tasked with investigating governance challenges involving the university’s Convocation, including matters relating to its Constitution.
He may also investigate any other matter he believes has a bearing on the effective governance, management or administration of UNIVEN.
The investigation follows months of growing tensions at the university, including allegations against Nthambeleni and Kraziya and a dispute over their precautionary suspension.
At a Council meeting on 16 July, Nthambeleni and Kraziya were placed on precautionary suspension pending the finalisation of an independent forensic investigation.
The suspensions followed an anonymous letter containing allegations of corruption, maladministration and nepotism against the two officials. The allegations have not been established as fact.
The suspensions further escalated a dispute that had already involved threats of suspension and litigation.
The developments had already prompted Manamela to intervene.
The minister met with UNIVEN’s management and Council on 5 June after the anonymous letters containing allegations against Nthambeleni and Kraziya contributed to strained relations at the university.
The meeting considered the allegations and broader governance challenges at the institution. The parties agreed that the matters should be addressed through the university’s governance structures rather than through litigation, with the Council expected to report back to Manamela on progress.
However, the matters were not resolved and instead escalated.
In July, Manamela formally notified the Council of his intention to appoint an Independent Assessor and gave it an opportunity to make representations.
The Council submitted its representations, which were considered by Manamela before he made the final decision to appoint Duncan.
The minister said an independent assessment was warranted to establish the source and nature of the governance and management challenges facing UNIVEN and to advise on measures required to strengthen good governance and management.
Manamela stressed that Duncan’s appointment should not be interpreted as a finding against any person or structure at the university.
“The appointment of an Independent Assessor is not a punitive measure and should not be interpreted as a finding against any individual or structure of the University,” Manamela said.
“It is an independent fact-finding process intended to establish the facts and assist us in determining what measures, if any, are required to strengthen governance and management at UNIVEN.”
The appointment of Duncan does not place UNIVEN under administration.
He will not displace the university’s Council or Executive Management, which remain responsible for their lawful duties while the investigation is under way.
Instead, Duncan will report directly to Manamela on his findings and recommend measures he believes are necessary, together with reasons for those recommendations.
His investigation must be conducted in accordance with section 45A of the Higher Education Act, the Promotion of Administrative Justice Act and the principles of procedural fairness.
Manamela has called on the Council, Executive Management, staff, students, Convocation and other stakeholders to cooperate fully with Duncan and provide the information necessary for the investigation.
He has also urged all parties to allow the assessor to carry out his responsibilities independently and without interference.
The minister said the investigation should not distract the university from its core academic responsibilities.
“Our overriding responsibility is to protect the academic mandate of the University and the interests of its students, staff and the broader public,” Manamela said.
“The University must remain focused on teaching, learning, research and student support while this process is under way.”
