media releases - VC's response to proposed labour mass action 25 Feb

VICE CHANCELLOR AND PRINCIPAL’S MEMORANDUM
1. It has come to the notice of the Management Committee of the University of South Africa that NEHAWU and some elements of the student community at Unisa are planning “mass action” on the various premises of Unisa on Thursday 26 February 2009. The purpose of the intended action is not clearly stated, but among others, it seeks to bring about the resignation of the Principal and Vice Chancellor and the establishment of the SRC following the declaration of the SRC elections in 2008 as “null and void”

2. The Management Committee considered this matter at its meeting today and resolved as follows:
- That no permission has been sought and none has been given for any protest march or strike action to take place on any of the campuses of Unisa.
- NEHAWU had applied for permission from Management to stage a demonstration at lunchtime to highlight concerns about the deadlocked salary negotiations. The request was refused by Management in the light of the fact that the matter has been referred by NEHAWU to the CCMA for conciliation.
- That Management supports the right to freedom of association, and of opinion and conscience in all our dealings with staff and students and in our personal conduct. Management strenuously defends academic freedom and institutional autonomy. With the support of Council, Management honours due and proper differentiation between Council as a structure of governance, and Management which is responsible for management and administration of the university but accountable to Council.
- Towards that end, Management supports the right of the Vice Chancellor to participate in any political activities of his choice, and especially his high level engagement in the public affairs of our country. There can be no equivocation about that.
- Management also records its support for senior executives of Management to discharge their duties professionally, without fear or favour, and will not tolerate any form of intimidation of Executive Management in the execution of their duties. Towards that end we note that the Vice Principal: Operations and the Executive Director: Human Resources are being targeted through spurious allegations in spite of the legitimate manner in which they carry out their tasks.
- Management therefore declares the “mass action” planned for Thursday 26 February 2009 to be an unlawful and unprotected strike. It follows that all staff participating in it are at risk of dismissal.
- Every effort will be taken to protect the legitimate right of staff to attend to their work on that day and operations of the university will run as “normal”. All gates into all Unisa campuses will be locked on Thursday. Staff coming into work will be required to produce their staff cards for identification purposes.
- Unisa is an open learning and distance education institution. No student will be allowed onto any of our campuses on Thursday (until further notice). Students are urged to find alternative study facilities. We regret the inconvenience that will be caused to “bona fide” students.

3. BACKGROUND:

i) It will be recalled that at its November 2008 Meeting the Chairperson of Council received a petition from NEHAWU tabling complaints against the Vice Chancellor and Management of the university. Council then appointed a task team to attend to the allegations in the petition. The Task Team, led by the Chairperson of the Human Resources Committee of Council (HRCoC) has been attending to this matter and many meetings have been held with NEHAWU in order to bring this matter to conclusion.
ii) At the beginning of 2009, the UBF began in earnest negotiations towards a settlement of the annual salary round. Last week NEHAWU declared a deadlock and submitted the matter to CCMA for conciliation. It is our view that in the light of settlements achieved throughout the higher education sector, and Unisa’s consistently high wage settlements over the years, the proposal on the table of 11% differentiated is generous and reasonable. NEHAWU’s demand, for example, that in addition an across-the-board payment of R5000,00 per staff member within the negotiations forum is so illogical, irrational and vexatious as to suggest mala fides on the part of the NEHAWU negotiators. We are ready to engage this matter at the CCMA.
iii) We are also aware that part of NEHAWU’s strategy of escalation of conflict at the university, they have sought to exploit concerns by some students regarding the declaration by Council of the illegitimate and unrepresentative SRC elections in 2008, as well as problems encountered at registration and service delivery. The purpose is to undermine the students’ right to learn by elevating some spurious disputes which negate studying and learning at Unisa.

(a) The SRC elections were without doubt illegitimate in that a mere 1% of the student body participated. This is an objective fact. The effect is that we cannot have a students’ representative body that can claim legitimacy and which can be held accountable. Council resolved that a process be undertaken to seek ways and means of strengthening participation in the SRC and to restore confidence in this vital structure of student life at Unisa.

(b) Towards that end processes are underway to consult with various students’ structures, BMR is busy with a survey and the Dean of Students is on track to present to Council at its March Meeting a road map leading to the conducting of fresh SRC elections in May/June 2009 with the aim that a new SRC will be in place by July 2009.

(c) Regarding student services including the new registrations process, management has taken note of the concerns expressed by both staff and students. A review will be underway as soon as the 2009 registrations are completed which would ensure that all problem areas are identified and that future registration periods are more successful. As a matter of fact, for every student who complains about the inconvenience caused by the 2009 registration that are many satisfied students out there. Our surveys show that the new registration process has been very successfully executed even though some problems have been experienced in some aspects of it.

4. CONCLUSION

4.1 We have come to the conclusion therefore that the so called “mass action” is not justified. Management has been available to meet with whoever had concerns or wished to take steps to resolve any problems experienced. It is evident that there is no interest in dialogue.
4.2 Instead the university is faced with a group that has no interest in the success of this institution as a place of learning and academic achievement, in the realization of its vision and mission and in the development of this nation’s future leaders, intellectuals and critical scholars.
4.3 With regard to the Vice Chancellor’s alleged political activities, an invitation to his detractors to engage in a debate with him has been rejected. The university will not stand idly by when faced with a group of people who have no regard for intellectual debate and participation. This institution reaffirms its commitment to free expression and will not silence anybody, including the Vice Chancellor. The voice of the intellect is sacrosanct.
4.4 Violence and intimidation must never be allowed to succeed as an instrument for resolution of difference.

N Barney Pityana GCOB
PRINCIPAL AND VICE CHANCELLOR
Tuesday 24 February 2009.