Academics at the University of the Western Cape (UWC) appear to be uninformed about the legal advice that the council sought as part of the recruitment process of the rector and vice-chancellor.

The advice, which the council under former chairperson Judge Nathan Erasmus sought to source after it backtracked on a decision to cancel and recommence the recruitment process of the vice-chancellor and rector, has not been shared within the university community.

Read more in Daily Maverick: Drama over University of the Western Cape decision to terminate vice-chancellor recruitment process

The senate, a structure dominated by academics, had put pressure on the council in November to reconsider its decision taken on 26 October 2023 to restart the process.

The members of the structure voted against the council’s decision.

Later, the council rescinded its decision on 23 November but indicated that new information relative to the process had been received and that the director of legal services has been tasked to provide urgent external legal advice on the appropriate way forward, so that the council could take an informed decision.

The shortlisted candidates for the post are professors Vivienne Lawack, Jose Frantz and Robert Balfour.

The term of the current rector and vice-chancellor Professor Tyrone Pretorius comes to an end at the end of 2024 academic year.

The senate had recommended Lawack for the post before the council took a decision to cancel and restart the process on 26 October.

Read more in Daily Maverick: UWC council ‘U-turns’ on critical decision to cancel and restart VC appointment process

Three insiders told Daily Maverick that they were in the dark about the legal advice and that there are concerns among academics about the delay in announcing it.

Senior academic at UWC Professor Alan Christoffels said on Tuesday that the senate members remain unclear about the legal advice.

An academic also said Erasmus’ term had concluded at the end of November and that he should have maybe completed the process as his last act instead of handing over to new chairperson Xoliswa Daku.

UWC replies

UWC registrar Dr Nita Lawton-Misra said on Tuesday that the legal advice was shared with council members.

But, there was no indication from UWC when this was done.

When asked why it has taken longer than two weeks to get the advice, Lawton-Misra said the process for recruiting and appointing a new rector is a lengthy one involving numerous processes.

“The process is ongoing and the second term of the Rector only comes to an end at the end of 2024,” Lawton-Misra said.

She said the process is ongoing and the appropriate university structures will consider the advice in early 2024.

Lawton-Misra confirmed that Erasmus’ term ended on 30 November and Daku, formerly the deputy chairperson of the council, commenced her term on 1 December 2023.

When asked if the change in leadership affected the sourcing of the advice, Lawton-Misra said: “No, the change in leadership has no bearing on this.” DM