Motion of no confidence passed in convocation exco - SU
Stellenbosch University |
04 June 2023
Members will now vacate their positions, with exception of Dr Rudi Buys
Outcome of motions - Extraordinary meeting of the SU Convocation
3 June 2023
The Management of Stellenbosch University (SU) notes the outcome of the extraordinary meeting of the Convocation held on the evening of Thursday, 1 June 2023. The meeting was chaired by retired justice BM Griesel after the members of the convocation who attended the meeting in person unanimously supported his appointment as ad hoc Chair for this extraordinary meeting.
The Convocation is a statutory body of the University with the objective, according to the University's Statute, to “promote the welfare of the University by maintaining a mutually beneficial relationship between the University and the members of the Convocation".
Two motions by members of the Convocation were debated and voted on at the extraordinary meeting. (For members that registered for the online meeting a 24 hour voting period was also agreed on between the President, Vice-President, and the two proposers of the motions.) The first, a motion of no confidence in the executive committee of the convocation, excluding the vice-president, Dr Rudi Buys, carried. The members of the executive committee excluding the vice-president, will now vacate their positions.
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The second, a motion of no confidence in the vice-president of the convocation, did not carry.
SU confirms that due process has been followed and trusts that all members of the Convocation will abide by these outcomes. The University will continue to provide administrative and logistical assistance to support the Convocation wherever required.
SU has some 230 000 alumni.
MORE ABOUT THE SU CONVOCATION
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According to the University's Statute, the objective of the Convocation is to “promote the welfare of the University by maintaining a mutually beneficial relationship between the University and the members of the Convocation, and may advise the Council, and the Senate when applicable, in this respect". The Convocation is part of the SU community. It is not a separate legal entity and cannot litigate against the University.
The Statute further states that the Executive Committee of the Convocation helps the Convocation achieve its objective and perform its function. It gives effect to decisions of the Convocation.
The Convocation is composed of: (a) all persons on whom a qualification has been conferred at a congregation of the University; (b) the rector, the vice-rectors, chief operating officer and the full-time academic staff of the University; and (c) former full-time academic staff of the University who have left the service of the University on account of their having reached a retirement age.
The Executive Committee of the Convocation consists of 5 people: the President of the Convocation who serves as Chairperson at meetings of the Convocation; the Vice-President who serves as Chairperson at the meetings of the Convocation in the absence of the President; the Secretary of the Convocation; and two members elected as set out in 3.2 in the Procedure for the nomination and election of the Executive Committee of the Convocation.
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The institutional rules for the Convocation are available here.
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Text of the successful motion:
To: President of the Stellenbosch Convocation, Adv Jan Heunis SC Secretary of the Stellenbosch Convocation, Mr Frederick van Dyk
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From: Dr Louise van Rhyn, Convocation member
Cc: of Stellenbosch University, Dr Ronel Retief Convocation Executive and Council Members Chairperson of Council, Dr Nicky Newton-King
Re: REQUEST FOR EXTRAORDINARY MEETING OF THE CONVOCATION
2 May 2023
Dear Adv Heunis SC
REQUEST FOR AN EXTRAORDINARY MEETING OF THE CONVOCATION
We, the undersigned, acting in terms of clause 50(3) of the Institutional Statute of Stellenbosch University (as read with paragraph 5.2 of the ‘Convocation Mandate’, and paragraph of 3.1 of the ‘Convocation Meeting Procedures’) hereby submit a written request for an extraordinary meeting of the Convocation to be called urgently.
The purpose of the meeting is for the Convocation to consider and vote on the following motion.
MOTION OF NO CONFIDENCE IN THE CONVOCATION EXECUTIVE COMMITTEE
WHEREAS
(A) the Institutional Statute of Stellenbosch University (“Statute”) records:
48(1): The objective of the Convocation is to promote the welfare of the University by maintaining a mutually beneficial relationship between the University and the members of the Convocation, and may advise the Council, and the Senate when applicable, in this respect.
51(6): The executive committee assists the Convocation in the achievement of its objective and the performance of its functions referred to in clause 48 and gives effect to decisions of the Convocation, and must report to the Convocation at its next meeting.
63(1): A body or office bearer on whom a power or function is conferred by or in terms of this Statute may delegate, on such terms or conditions as such body or office bearer may determine, that power or function to another body, office bearer or staff member of the University, unless the Act or this Statute precludes the delegation.
(B) the Mandate of Convocation notes that:
4.1.1 The Convocation Executive Committee helps the Convocation achieve its objective and perform its function. It gives effect to decisions of the Convocation.
6.1 The Convocation takes decisions on majority vote.
6.2 Each member has one vote. Each ballot paper and electronic vote carries equal weight.
6.3 In the event of a tie, the Chairperson may exercise a casting vote.
6.4 The Registrar must submit advice received from the Convocation to the Council and the Senate.
(C) the Convocation Meeting Procedures requires that:
2.6.2 The Secretary of the Convocation will submit the preliminary record of the meeting, approved by the Executive committee of the Convocation, to the Registrar within thirty business days after the meeting, highlighting the advice that the Convocation wishes to submit to the Council and Senate.
2.6.3 At the next available Senate and Council meeting, the Registrar must submit the advice received from the Convocation.
(D) the Convocation Executive Committee announced:
a decision purportedly taken on 14 April 2023 by Convocation to call for the resignation of the:
(i) Rector and Vice-Chancellor and
(ii) Registrar of Stellenbosch University.
WE PRESENT HEREBY AGREE AND RESOLVE AS FOLLOWS:
1. The Convocation Executive Committee acted in an undemocratic and unconstitutional manner in circumstances where the Convocation had not taken the purported decision in Recordal (D) above.
2. The Convocation Executive Committee acted in bad faith and contrary to the Statute and Rules governing Convocation which requires the Convocation Executive Committee to give effect to decisions of Convocation.
3. Accordingly, the Convocation Executive Committee acted without any mandate and contrary to the express provisions of the Statute which records the object of the Convocation as maintaining a mutually beneficial relationship between the University and the members of the Convocation. This unlawful decision caused serious harm to the University’s reputation and integrity.
4. Convocation has lost confidence in the Convocation Executive Committee (with the exception of the Vice President, Dr Rudi Buys) and the remainder of the Convocation Executive Committee should vacate their offices forthwith.
5. The Vice President should perform the functions of the Convocation Executive Committee until a new Convocation Executive Committee is elected.
6. The behaviour and utterances of Convocation’s elected members to Council, specifically Jan Heunis and Leon Schreiber, is questionable and Convocation calls upon the institutional bodies, particularly Council, to take steps to discipline and, to the extent that it is within its power to do so, to relieve Jan Heunis and Leon Schreiber of their roles and duties as Council members, including through removal, as a matter of urgency.
END
Motion tabled:
1. Dr L van Rhyn, MBA, 1994
Motion seconded1:
2. Prof (Emerita) JJ Blitz, PhD, 2018
3. Prof D Brink, PhD, 2004
4. Prof R Carolissen, DPhil, 2008
5. Prof JM de Villiers, BSc Hons, 1970
6. Prof A-M Engelbrecht, Department of Physiological Sciences
7. Prof A Fataar, Department of Education Policy Studies
8. Prof PF Fourie, PhD, 1988
9. Prof P Gobodo-Madikizela, SA Research Chair in Violent Histories and Transgenerational Trauma, SU
10. Prof A Gouws, Distinguished Professor of Political Science
11. Prof JD Jansen, Distinguished professor of Education
12. Prof JF Kirsten, BSc Hons, 1985
13. Prof JD Krige, MComm, 1973
14. Prof E Pretorius, Department of Physiological Sciences
15. Prof A Schoonwinkel, MEng, 1981
16. Prof MJ Smith, Director, Business school
17. Prof Herman Wasserman, Chair: Department of Journalism
18. Dr HC Botha, PhD, 1993
19. Dr C Bester, PhD, 2009
20. Dr AP Cilliers, DTh, 2000
21. Dr J Cilliers, PhD, 2020
22. Dr JP De Vries, BSC Hons, 1982
23. Dr J De Villiers-Strijdom, PhD, 2021
24. Dr L Dick, MPhil, 2008
25. Dr M Du Preez, PhD Honoris Causa, 2018
26. Ms BP Dyani, BEng, 2021
27. Dr C Ekron, PhD, 2015
28. Dr JL Farmer, PhD, 2021
29. Dr BN Fortuin, PhD, 2015
30. Dr ME Geustyn, MA, 2014
31. Dr JH Groenewald, PhD, 2017
32. Dr E Hertzog, MMed (née Anest), 1979
33. Mr ZC Horn, MEng, 2018
34. Dr FP Hugo, BA, 1969
35. Dr D Human-Van Eck, PhD, 2016
36. Ms S Jingqi, BA, 2014
37. Dr TR Joseph, DPhil, 200
38. Dr AP Kilian PhD, 2015
39. Dr GP Kirsten, MSc, 2018
40. Dr JM Kruger, DLitt, 2009
41. Dr BF Loubser, MEng, 1985
42. Dr M Lyner-Cleophas, PhD, 2016
43. Dr NN Makaluza, PhD, 2019
44. Dr L Maya, MBchB, 2011
45. Dr W Mbao, PhD, 2013
46. Dr S Meyer-Nell, MBChB, 1997
47. Dr AH Molotsi, PhD, 2017
48. Dr DJ Nell, MMed, 2005
49. Dr M Petersen PhD, 2016
50. Dr E Pieterse, PhD, 2006
51. Dr WSP Schoombee, MBChB, 2012
52. Dr E Sinclair, PhD, 2019
53. Dr J Stimie, PhD, 2015
54. Dr PDF Strijdom, DTh, 1996
55. Dr CS Theron, PhD, 2000
56. Dr EA Turner, DTh, 1998
57. Dr CE Van Den Berg, MMED, 2009
58. Dr RA van den Berg (née Van Zijl), MBChB, 2005