More than 200 staff members of the University of the Western Cape (UWC) are questioning why the candidate deemed ‘most suitable’ was not appointed for the position of vice chancellor.
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On 4 April, council chair Xoliswa Daku’s announcement of the appointment of Professor Robert Balfour was met with ‘great concern’.
Balfour is scheduled to start his post on 1 January 2025.
A letter dated 11 April and titled ‘Concerned UWC Staff’ laid out the recruitment process that began in February 2023, News24 reports.
‘This process included the drafting and approval of new standing orders for the senior appointments committee of the council (SACC), which set out the process to be followed; the drafting of the advertisement for the vice-chancellor post; and subsequent consultation with all statutory stakeholders on both process and requirements for the position,’ the letter stated.
The council’s appointment of the vice-chancellor was planned for September 2023 but ended up being completed in April 2024.
Following the initial application deadline, the SACC recommended extending the deadline to attract more applicants.
The presentations of three shortlisted candidates (professors Vivienne Lawack, José Frantz and Robert Balfour) took place on 2 October 2023.
According to the letter, the event was ‘marked by clear unfairness towards one of the candidates, Professor Lawack’.
During the presentations, the audience, which consisted mainly of students, allegedly directed ‘arguably derogatory questions’ for more than an hour and a half at Professor Lawack.
Conversely, the letter states that the other two candidates faced ‘relatively mild treatment’ for about 20 minutes each.
The letter further states that SACC interviews went smoothly the following day, resulting in a clear recommendation for Professor Lawack as the top candidate and Balfour as the second.
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The SACC recommendation was reportedly ‘unanimous, with no dissenting voice or vote recorded’.
‘This recommendation was strongly supported by the majority of the senate (79%) which is the largest governance structure at the university and which comprises senior professors and numbers over 200 persons’.
However, a council meeting on 26 October concluded that ‘without any evidence, there were arguments presented that the SACC report was incoherent and that the process had been tainted and should therefore be restarted.’
Most members agreed to this, which shocked the UWC community. As a result, senators lodged a petition demanding a special senate meeting. This meeting was held on 2 November, during which senators expressed their discontent with the council.
‘Several legal experts among the senators pointed out the flaws in the council’s decision to restart the process. The consensus of the senate was that the council must reconsider and rescind its decisions of 26 October as no evidence was presented that the decision was based on valid grounds.’
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According to News24, Professor Lawack challenged the council’s decision. On 23 November, the council had to review and rescind its decision of 26 October.
Nonetheless, the council still refused to appoint Professor Lawack and presented ‘new evidence’ to prove why Professor Lawack was not suited for the position on 23 November.
‘This new evidence, it later appeared, was simply her assertion of her rights in the face of the decision of the council of 26 October,’ the letter states.
‘To make the absurdity clear, the council acted unlawfully on 26 October 2023 by deciding to restart the process, to which the candidate responded within her rights. It was yet another absurdity that the primarius candidate was deemed unsuitable for the position by the council because of the way she reacted to the unlawful decision of the council.’
Following the 23 November meeting, it was decided that SACC should engage Professor Lawack on the ‘new evidence’. This occurred on 29 February 2024.
The SACC again confirmed that Professor Lawack was still suitable for the position, despite one disagreement.
On 28 March, the council voted ‘without any rational basis and in an apparent disregard of labour law prescriptions and their duty to act in the interest of UWC’ to vote against the recommendation of SACC, the senate and the UWC institutional forum (IF). Professor Balfour was subsequently appointed.
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According to the letter, the appointment was made without any explanation as to why the council ‘saw it fit to completely disregard the recommendation of its own senior appointments committee and the official mandate of most of the university community’.
‘We have lost all faith in most of the council members to act in the best interests of UWC,’ it further states.
‘The council had the opportunity to make a historic appointment of a qualified and experienced black female vice-chancellor, a first for the university, with the overwhelming support of the institution’s governance structures but failed to do so.’
According to UWC spokesperson Gasant Abarder, the council adhered to all required governance procedures.
‘We confirm that Professor Balfour was appointed after thorough deliberation and a formal vote by the council in strict accordance with the university’s statutes.’
‘Additionally, following requests for further clarity from some senate members, the chairperson of the council has agreed to meet with the senate later this month to provide the requested information.’
‘Staff members will also have the opportunity to express any concerns during this meeting.’
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Picture: @Jacques Stander / Gallo Images