By Thapelo Molefe
Suspended University of Fort Hare (UFH) Vice-Chancellor and Principal Professor Sakhela Buhlungu has resigned, but the university’s Council says his resignation cannot take immediate effect because his contract requires him to serve a notice period.
Buhlungu submitted his resignation on Monday, 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.
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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,” Council said in a communiqué issued on Tuesday.
Buhlungu wants his resignation to take effect immediately, but Council said it had not accepted this because his employment contract requires him to serve a notice period.
Council said 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,” Council said.
Italso rejected claims contained in Buhlungu’s resignation correspondence that the independent disciplinary process was designed to produce a predetermined outcome and that he had been subjected to unfair treatment.
“These matters remain contested and should not be understood as having been established as fact,” 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.
Council 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,” Council said.
The university said it would keep the UFH community informed of material developments as appropriate.
