By Thapelo Molefe
University of Fort Hare (UFH) Vice-Chancellor Prof. Sakhela Buhlungu has resigned, but the university’s council says he cannot leave immediately because his contract requires him to serve a notice period.
Buhlungu, who had been suspended, submitted his resignation on Monday. This was shortly before he was due to begin presenting his defence at a disciplinary hearing.
He is facing charges including gross misconduct, insubordination and bringing the institution into disrepute. One of the allegations against him is that he unlawfully appointed two executive directors.
Buhlungu’s resignation came while the disciplinary process was still underway, with Council saying he had chosen not to use the opportunity to respond to the allegations against him.
“By doing so, he has elected not to make use of the fair and meaningful opportunity afforded to him to respond to the serious allegations levelled against him,” the council said in a communiqué issued on Tuesday.
The council said that it had reserved the right to continue with the disciplinary process during the applicable notice period in accordance with the university’s employee relations policy.
“Although Professor Buhlungu has chosen to resign while the disciplinary process is still underway, his resignation does not resolve the allegations against him,” it said.
The council also rejected claims contained in Buhlungu’s resignation correspondence that the independent disciplinary process was designed to produce a predetermined outcome. He believes he has been subjected to unfair treatment.
“These matters remain contested and should not be understood as having been established as fact,” the council said.
The university said Buhlungu’s resignation and the statements contained in his resignation letter did not determine the merits of the allegations against him.
It said a similar process had been followed in respect of other employees implicated in breaches of the University Statute, with each affected employee given an opportunity to respond to the allegations.
It also referred to established case law concerning resignations with immediate effect, saying an employee who is contractually required to serve notice cannot unilaterally avoid the applicable notice period where the employer has not waived the requirement.
“The employment relationship therefore continues for the duration of the applicable notice period,” the council said.
The university said it would keep the UFH community informed of material developments as appropriate.
