Expert legal opinion indicated a real chance for interdict application by AWIR to be granted (with CIRCoRe SC reaction)
STELLENBOSCH UNIVERSITY
MESSAGE FROM THE RECTOR
Dear colleagues and students
Stellenbosch University(SU) Council's decision of 16 September 2024 to close the Wilgenhof residence in its current format and to replace it with a rejuvenated men’s residence in 2026, has not been unproblematic – as you have gathered from the plethora of media reports on the matter in recent days.
I am acutely aware of the positive response that Council’s decision elicited from large sections of our University community. It was seen as a material step by the University to break with unacceptable practices of the past. Only to be followed by a University statement a few weeks later announcing an out of court settlement with the Association for the Advancement of Wilgenhof Residents (AWIR) which is seen in some circles an undoing of the decision of Council of 16 September 2024 - with the understandable disappointment and disbelief that followed.
Why this turnabout? Did we renege on our commitment to transform SU into the welcoming place that we all aspire to?
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It is now common knowledge that the decision to close Wilgenhof was immediately contested by two stakeholder groupings, the AWIR and the Wilgenhof Bond (or Wilgenhof alumni association) – seeking relief from the Cape High Court on divergent grounds.
AWIR sought an immediate interdict to halt the closure of Wilgenhof on the grounds that the current students living in the residence are the ones that will suffer the most should Wilgenhof be closed (with reference to their possible placement elsewhere in student accommodation, the perceived uncertainties and ramifications thereof etc).
As a second step AWIR also approached the Court to take the Report of the Wilgenhof Panel under review. Similarly, the Wilgenhof Bond asked the Court to consider an application to take the Report of the Wilgenhof Panel on review with the aim of having it set aside.
The applications for a review of the Panel’s Report are by its very nature long and arduous processes that can take months (if not years) to resolve. However, the Interdict application was of immediate concern to the University since expert legal opinion indicated that there was a real chance for the application by AWIR to be granted. That would have meant that the decision of Council to close Wilgenhof will be stopped in its tracks, with all its implications for institutional transformation.
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It is for this reason that the University Council and the Rectorate opted for a negotiated settlement with AWIR that will enable the University to proceed with the rejuvenation and renewal process of Wilgenhof – albeit in an amended form. (See thestatementon the settlement agreementhere.)
It is not the ideal, but we can now forge ahead with the processes to affect meaningful transformation of Wilgenhof along the path of inclusive excellence.
Sadly, the confidential negotiations as well as the settlement with AWIR on Wilgenhof in our endeavour to stay on our purposeful and deliberate cause of transformation, were not well received by the Steering Committee (Steercom) of CIRCoRe (the Committee In Response to the [Khampepe] Commission’s Recommendations) who saw the process as having shown little regard for the thoughtfulness, energy and time that Steercom and its teams committed to the recommendations of the Khampepe Commission.
The leaders of the Workstreams have regrettably decided to withdraw from the formal activities of CIRCoRe (clickhereto read the statement). They remain committed to our institutional transformation efforts and will ensure that the gains made by the respective workstreams are retained and embedded in our transformation thinking going forward. The CIRCoRe Steercom is currently working on a termination plan of the activities of the Committee that will enable the seamless flow or take-over of initiatives into the formal transformation structures of the University as the project heads to a close.
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As project-owner of this contingency initiative to address the salient matters highlighted by the Khampepe Commission, I am deeply indebted to the workstream leaders and their committed teams for the significant contribution made to our wide-ranging transformation imperatives thus far.
Our transformation journey is certainly not perfect and far from easy. We have come a long way and undoubtedly have a few mountains to climb still. But through our combined efforts and shared passion we can deliver the future Stellenbosch University that we want.
Forward together.
Prof Wim de Villiers Rector and Vice-Chancellor
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31 October 2024
Statement: CIRCoRe Steering Committee
Dear colleagues and students,
The CIRCoRe Steering Committee held an emergency meeting on Friday, 25 October 2024, in the wake of the Joint Statement by Stellenbosch University (SU) and the Association for the Advancement of Wilgenhof Residents (AWIR) and the Wilgenhof House Committee that was released on Wednesday, October 24, 2024.
By the end of this meeting, we had arrived at the conclusion that there is little regard for the thoughtfulness, energy and time the CIRCoRe Steering Committee, alongside members of the CIRCoRe process and university staff and students, have collectively put into giving effect to the sentiment and recommendations of the Khampepe Commission of Inquiry into Allegations of Racism at SU.
Consequently, we, the heads of the CIRCoRe workstreams as well as the External Advisor, being part of the Steering Committee, tendered our collective resignation from CIRCoRe.
Since this, we have met with the Rector where we discussed the reasons for our resignation, and also highlighted our individual commitment to the wider transformation project at SU which includes the objectives of CIRCoRe. Furthermore, we agreed to jointly develop a termination plan and process to ensure that the benefits already gained through CIRCoRe are not lost.
The development of these plans will involve CIRCoRe members and other key role- players in the University, including the Advisory Committee to CIRCoRe. The termination plan will then be implemented under the office of the Deputy Vice Chancellor: Social Impact, Transformations and Personnel.
Once the termination plan has been finalised in consultation with relevant individuals and structures, this will be shared with the University community in an updated statement.
We would like to thank all those who have offered their time, expertise, and skills in advancing transformation at the institution and call upon you all to work with us as we bring initiatives and projects begun in the workstreams to a close and to synthesise all recommendations made and those still in the development process into a final report.