Report by the North-West University (NWU) Council to the Minister of Higher Education and Training on orientation and alleged initiation practices on campuses of the NWU

Institutional Office - During its meeting on 19 and 20 June 2014, Council received and noted the report by the Independent Investigation Task Team into orientation and alleged initiation practices at the NWU. Council acknowledged certain shortcomings regarding the process and structure followed by the task team in finalising the report, and Council noted that certain elements of the terms of reference of the task team had not been addressed.

However, Council unanimously resolved that the content and recommendations made by the task team would be used as input to the report to be provided to the minister in response to the questions which had been put to Council. Council tasked a core team to compile the report which was delivered to the Minister today.

In one of its key findings, the Independent Investigation Task Team concluded that the conduct which had been investigated at the NWU, had not been driven by Fascism and Nazism, but by practices embedded in the so-called traditions.

Although Council noted and welcomed this observation by the task team on alleged Fascism and Nazism at the NWU, it is aware of the challenge to create an environment that will ensure that where such practices and "traditions" may arise, these are continually and effectively eradicated. The report also signalled incidents of human rights infringements during the reception and induction period, which Council believes need urgent attention.

On various occasions Council has reiterated its stance that it will not tolerate any infringements of human rights at the university. Therefore, the report delivered to the Minister included the following decisive measures on how the NWU will continue to implement and strengthen its zero tolerance approach to prevent any infringements of human rights or any form of initiation during future reception and introduction programmes for first-year students:

Whilst serious efforts were made in the past to prevent initiation practices, the independent investigation revealed the reality and magnitude of the challenges facing the entire university community in this regard. The challenge is now for the entire university community to demonstratively embrace a new frame of mind on this matter, supporting an inclusive, healthy and welcoming culture on all three campuses which should ensure an active and vibrant student life.

Even though policies and procedures were in place at the university and despite commensurate interventions by management, offensive practices nevertheless appeared to have occurred in violation of human rights, requiring further urgent intervention by management. Council instructed the vice-chancellor and management to implement pro-active and preventative strategies and measures to prevent the recurrence of such infringements and to actively promote a human rights culture within the NWU.

Although its findings and recommendations did not have the status of judicial findings, Council is confident that the task team report can serve the purpose of a resource document. Council can and will therefore profitably use the broad findings, assumptions and perceptions reflected in the report for the purposes of ensuring the transformation of student-life in order to shape a better future for the university community as a whole.

Council resolved to appoint a standing Council committee (known as the Student Oversight Committee) to be chaired either by the chairperson or deputy chairperson of Council. This committee will be mandated to oversee and review the following interventions, reflecting the essence of the recommendations contained in the task team report, to be managed by the vice-chancellor and management, viz:

Ensuring the effectiveness of the ban on all initiation rituals and demeaning practices with no tolerance for any infringement of human rights.

Developing an appropriate reception and induction programme that will ensure a welcoming culture on all three campuses and also that only the formal orientation programme sanctioned by the university will be allowed. This is to be done in consultation with the Institutional Student Representative Council and the respective campus student representative councils.

Undertaking a benchmarking exercise to determine best practice nationally and internationally, and accordingly, determining guiding principles and recommending improved policies where necessary.

Protecting human dignity and respect through appropriate monitoring mechanisms and educational programmes.

Ensuring optimal integration of student activities and embracing multi-cultural diversity.

Ensuring effective and aligned marketing, communications and student support systems aimed at eliminating any perceived exclusivity, without losing crucial existing niche markets.

Introducing a compulsory course in Human Rights during the reception and induction period for students, academic and key support staff.

Introducing a continuous programme to raise awareness, aimed at promoting and enhancing an institutional Human Rights culture.

With regard to other related matters such as the management model and functioning of other structures, Council instructed management to consider such matters in the context of the visioning process, and to report back to Council as necessary. The following matters will need particular attention by management:

Ensuring, in the process of revising the university's vision, mission and values, that transformation, integration and multi-cultural diversity are appropriately accounted for.

Reviewing and enhancing the functioning of the current Human Rights Committee for greater effectiveness in the protection and promotion of human rights.

Ensuring that steps are taken to investigate the allegation of possible tacit approval of demeaning practices, and to take remedial steps if necessary.

Determining, as posed in the Minister's original letter, whether there is a "culture of intimidation, harassment, fear and purging" at the university against staff and students who try to take a stance against such practices, and to take steps to eliminate any such possibilities.

Council became aware of possible legal challenges based on perceived alleged defamation in the task team report, and has also been advised in writing by attorneys acting on behalf of various stakeholders, that publication of the task team report by the Council will lead to legal action and that they are considering stopping any publication or distribution by way of an interdict.

Therefore, Council has on advice of Senior Counsel, decided not to publish the report by the independent investigation task team in any manner whatsoever, since it was a Council commissioned report to assist Council in responding to the minister's letter of 4 March 2014.

Although the task team's report was attached to the Council's report to the Minister, the issue of possible lawsuits against the university, should the content thereof will become publicly known, was highlighted to the Minister.

The Council has brought to the Minister's attention that the findings and recommendations contained in the task-team report do not have the status of judicial findings, and that some of the recommendations and conclusions may have been based on untested evidence and anonymous witnesses. Furthermore, the audi alteram partem rule may not always have been applied.

In accordance with the appropriate sections in the Higher Education Act and the Statute of the North-West University, Council has assured the Minister that management will pay due attention to related matters of principle. The NWU has again reiterated its commitment to provide accessible higher education of high quality to all South Africans within the context of unity in diversity.

Statement issued by Louis Jacobs on behalf of the North-West University Council, June 26 2014

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