Statement by Prof. Jonathan Jansen, Rector and Vice-Chancellor of the University of the Free State (UFS)

The University of the Free State (UFS) has not "withdrawn charges" against the four Reitz students (see lecture). This needs to be clarified.

There are three processes underway, and they must not be confused:

1. The criminal charges against the students were laid by the Directorate of Special Prosecutions in the province, and the university has no say over those processes in the criminal courts. That process remains in place.

2. The human rights charges are led by the Human Rights Commission, in the province, and the university has no say over those processes in the equality court. That process remains in place.

3. The university simply withdrew its own complaint against the students, insofar as university processes are concerned, and on that basis decided to invite the students back to continue their studies and to re-open Reitz as a model of social justice and racial reconciliation as an exemplary university residence. These decisions alone fall within the realm of the university's authority.

The decision with respect to the withdrawal of the university's complaint against the students was based on two considerations:

a. the institution's own accountability for what happened, and creating (or not interrupting) the conditions under which racism and racist attacks were even possible on the campus of an institution of higher learning. It is in this context that the institution has decided to offer reparations for harm to the dignity and esteem of the five workers.

b. the institution's desire to create the conditions for racial reconciliation on a deeply divided campus, and in doing so to accelerate the chances of transformation at the UFS.

There were broad consultations with the Human Rights Commission, Cosatu provincial, Sasco, Nehawu as representatives of the workers; there were also discussions with the leadership of the Student Representative Council (SRC) about the need to resolve the Reitz issue outside of the courts; and the matter of Reitz and its resolution through negotiation was also raised with the Minister of Higher Education and Training. There were also meetings with the legal representatives of both the students and the provincial prosecuting authority.

There was a meeting with the workers to ensure them of the university's full support for them as workers, but the case itself was only discussed with their representatives, Nehawu.

Sasco National has communicated a message of support to the university to return the two students and to re-open the Reitz residence.

Statement issued by Lacea Loader, Deputy Director: Media Liaison, University of the Free State, October 20 2009

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