Johannesburg - A sexual misconduct probe against the recently suspended Unisa registrar points to an alleged smear campaign orchestrated by Vice-Chancellor and Principal Professor Puleng LenkaBula.
These allegations against the embattled Unisa VC, accused of purging those she does not like, are contained in a letter by suspended registrar Professor Steward Mothata, who on Tuesday appointed former Unisa head of legal services, advocate Modidima Mannya, to represent him against what he calls an “unlawful suspension”.
This week, Mothata was slapped with a 90-day suspension by the university following allegations of “serious breaches of policy and acts of misconduct” levelled against him.
The letter of suspension, signed off by LenkaBula, further accuses Mothata of “usurping powers” that do not belong to him as well as abusing his office.
However, on Tuesday, Mothata, through his lawyer, challenged his suspension in a letter addressed to the VC and chairperson of the Unisa council, James Maboa, dated June 6, 2023.
Mothata said the VC does not have the power to suspend him as that right belongs to the council. He also accused LenkaBula of targeting him after he raised the issue of her misconduct and the expensive renovations to her official residence, which, according to the independent assessor’s report, exceeded the initial allocated budget of R1 million that was earmarked for them following a total refurbishment bill of R3m.
”As you are aware, the suspension is wholly unlawful and constitutes an aggravated abuse of power, as a matter of fact, and law. Professor LenkaBula does not have any powers whatsoever to suspend Professor Mothata. The power to suspend and/or take disciplinary action vests in the council of the university. For this reason alone, the suspension is unlawful as a matter of law. As you are also aware, in law, a functionary is prohibited from exercising any power he or she does not have in law,” the letter reads.
Many have accused the VC of instilling a culture of bullying, fear and intimidation within the structures of the institution. A source, who did not want to be named, accused LenkaBula of purging those she does not like or want so that she can continue to do as she pleases. The source said Mothata was not the only one who has been accused of sexual harassment.
According to Mothata, his latest problems stem from a recent “threatening” email sent to him by Maboa.
“It is abundantly clear that Prof Mothata’s purported suspension is as a result of threats made to him by Maboa in his email correspondence of June 5, 2023, when he threatened action would be taken against him.
“The threats contained in the email represent the most aggravated form of abuse of power and are wholly unlawful,” Mothata claims in the letter by his legal representative.
According to the letter, Mothata claims he reported over a year ago acts of misconduct and victimisation against LenkaBula that were not acted on.
When it comes to sexual accusations against him, Mothata claims that a preliminary report confirms that this allegation has no truth to it.
“The council appointed Messrs PWC to investigate allegations of sexual misconduct against Prof Mothata. The preliminary report of the investigation confirms that the complaint is void of any truth and points to gross misconduct on the part of the VC. In fact, the report specifically indicates the non-co-operation of Prof LenkaBula.
“It is clear that the suspension is retaliation for the fact that the purported sexual misconduct complaint has been found to lack merit and exposes LenkaBula’s participation in the abuse of misconduct,” the letter reads.
In a statement, Unisa said it had noted the allegations made by Mothata against the institution.
“Please note that this is a matter between Professor Mothata and the university and the standing practice in the university is not to discuss such matters in the public domain, including through the media.
“We want to put it on record that it was necessary for the university to put Prof Mothata on precautionary suspension owing to his conduct, which is in breach of Unisa’s code of ethics and conduct and the employee disciplinary code. It is the university’s view that suspension is necessary for the continued functioning and governance of the university.
“The university is of the view that due process was followed, which informed the decision to place the registrar on suspension,” it said.
Meanwhile, some NGOs have given Higher Education Minister Blade Nzimande 14 days to dismiss LenkaBula and the council, or they would institute legal action.
The Star