EX-COUNCIL CHAIR TAKES SWIPE AT ‘BULLYING UCT’
Babalwa Ngonyama vows not to back down on her litigation against the institution
FORMER UCT Council chairperson Babalwa Ngonyama has accused the university of intimidation attacks on her and those affiliated with her to ensure a legal battle she is pursuing is dropped.
According to Ngonyama, the university was using what she described as “corporate bullying tactics” and a persecutor approach.
This is after a letter, seen by the Cape Times, was sent to Camissa Asset Management (Camissa), in which Ngonyama's business, Sinayo, holds shares.
The letter, signed by the university's council chairperson Norman Arendse and UCT's Joint Investment Committee (JIC), demanded a formal response from the financial institution to state how it intends to ensure that university funds are not being used to support litigation against the university.
The institution further demanded to know steps that will be taken to address concerns and demonstrate its commitment to “ethical business practices”.
“We are writing to you to express our concerns following the matter we brought to your attention at our meeting.
“This matter is in relation to Ms Babalwa Ngonyama being a shareholder in Camissa, and that she is currently pursuing litigation against the University of Cape Town,” the letter read.
The university said it valued its relationship with the financial institution and acknowledged its strong track record as an investment house.
“However, the current situation presents a significant challenge for our continued partnership.
”The JIC remains committed to fulfilling its fiduciary duty and ensuring the responsible management of the university's assets.
“While we currently see no fundamental reason to withdraw our funds, we believe resolving this matter is crucial for maintaining a strong and ethical relationship between our institutions,” the letter read.
Probed about the letter, the university did not respond to questions but would only say, “UCT wishes to not comment on this matter.”
The letter was sent in December, a month after Ngonyama had already resigned from Camissa's board.
Ngonyama stepped down in May 2023 as the university's council chair with immediate effect after a scathing Independent panel report's findings and recommendations.
She is challenging the university in the Western Cape High Court as it intends to implement the recommendations.
“What is most concerning is the implied use of the JIC and Retirement Funds by UCT as a platform to pursue political agendas.
“The JIC and the Retirement Fund is expected to operate independently through its independent committees and board of trustees.
“It is crucial to emphasise that the funds allocated to the JIC, through bequests in wills, are intended for developmental purposes, devoid of predetermined and speculative political vendettas.
“This principle extends to the management of the Retirement Fund of the employees as well. UCT's threats, intimidation, attempts at sabotage and invasion of my personal business relationships is tantamount to covert bullying and psychological intimidation,” said Ngonyama.
She vowed not to back down on the litigation claiming the findings against her “were based on one-sided, unproven and unchallenged allegations”.
The panel recommended that Ngonyama be reported to the appropriate regulatory authorities for “failing to perform her fiduciary duty to UCT”.
The alleged failure in her fiduciary duty included not holding former vice-chancellor Professor Mamokgethi Phakeng to account following complaints against her in an Ombud Report and necessary steps to terminate her contract.
According to the panel, UCT's governance crisis was due to Ngonyama and Phakeng's conduct.
Among other things, they are alleged to have breached the council's code of conduct and degraded the HR function.
In several cases, according to the report, Ngonyama also had a direct role in the resignations of academics including Professor Loretta Feris and teaching deputy vice-chancellor Professor Lis Lange.