PRESS RELEASE: HETN CONDEMNS APARTHEID TACTICS OF MAX PRICE AND UCT
15 May 2015
The Higher Education Transformation Network (HETN), hereby condemns the recent statement by the UCT Vice-Chancellor, Dr Max Price titled “Facts about the recent suspension of UCT student” of 13th May 2015.
This self-serving and false statement is at long last issuing a ringing affirmation that, when it comes to blacks, the Constitutional rights enshrined for everyone including right to equality, right to dignity, right to free speech and freedom of association, right to education, due process and fair administrative process do not apply. In the milieu of Dr Price and the UCT, only white citizens are entitled to the aforementioned rights.
Dr Price has the audacity to announce the “recent suspension of a UCT student” but he assiduously avoids mentioning that the alleged suspension was effected solely on the basis of one-sided, biased and unsworn testimony of a white female who spewed the most vile racist abuses against Mr. Maxwele in particular and blacks in general. Dr Price indirectly admits to this travesty by stating:
“Based on an allegation of harassment and intimidation of a female staff member that occurred on the public holiday, 1 May 2015, in the Mathematics Building on Upper Campus, a student was suspended last Thursday, 7 May 2015, and is facing a disciplinary hearing relating to that incident.”
Dr Price did not inform or consult the student Mr. Maxwele before the suspension of his proposed action or in relation to the investigation or its outcome and Maxwele was not given an opportunity to challenge any of the material which Dr Price purported to take into account in arriving at his decision to suspend him. The complainant was not even required to attend and was deliberately excused from the purported hearing in which Dr Price’s nominee confirmed the suspension.
Simply put, the procedure followed was not only blatantly unfair but it confirms alleged Dr Price’s racist belief that the mere say-so of a white person is enough to justify imposition of the most draconian measures against a black person. The suspension order was effected without a hearing, without adequate notice and an opportunity to be heard in terms of the audi alteram partem rule .
Accordingly the suspension should be viewed as punitive – Dr Price’s claim that it was of a provisional nature is clearly fallacious. Suspension is a severe sanction and the decision to suspend must be made in that light.
Moreover looking at the matter objectively, Dr Price had purported to make a definitive finding that the student had committed some unspecified misconduct although his suspension order contained no reasons whatsoever.
Notwithstanding Dr Price’s claim that he regards “disciplinary cases as confidential and would not ordinarily comment or reveal any details to anyone” the UCT communicated the facts of Maxwele’s suspension to the news media thereby portraying the student as guilty and subjecting the student to the torture of public condemnation. Dr Price’s claim that the “confidentiality aims to protect all parties involved in the process and to ensure fairness” rings hollow and smacks of hypocrisy and duplicity.
It is clear that Dr Price recognizes only the white woman’s rights to confidentiality and dignity as worthy of protection! Through his action, Dr Price prejudiced whatever hearing may ensue despite his claim that he was not definitively deciding the facts and that the conclusion reached was only provisional. The expressed decision was procedurally flawed in that there was no investigation whatsoever carried out to establish the facts – Dr Price failed to take reasonable steps to involve Mr. Maxwele before purporting to come to the serious conclusion that Mr. Maxwele had committed misconduct.
Despite all these, Dr Price makes the astounding assertion that he writes to give the public”the facts.” In the same breath, Dr Price immediately contradicts himself by bemoaning the fact that the “student who has been charged chose to reveal his identity and charge sheet to the media and has in the process revealed the identity of the complainant.” In his moral compass, Dr Price sees nothing wrong with the UCT informing the news media that Mr Maxwele was suspended for alleged misconduct while protecting the anonymity of the alleged white accuser.
Without any senses of irony, Dr Price remarks that “this is most regrettable, since the complainant's version of events is not in the public domain, nor should it be; nor are the statements by the various witnesses. This will inevitably lead people to a biased view of the incident.” We unreservedly condemn Dr Price’s actions and hypocritical stance.
The Network notes with grave concern, the UCT’s blatant retaliatory suspension of Mr. Maxwele for the public embarrassment emanating the Rhodes statue removal. Dr Price has without a hearing, suspended Mr.
Maxwele from attending any classes for two months. This kind of punitive suspension should only take place after a hearing on the merits. What has happened is nothing short of a kangaroo court.
The Network will confront and combat all these apartheid-like practices being perpetrated at institutions of higher learning. Accordingly, the Network demands that the UCT and Dr Price immediately rescind the racially motivated suspension of Mr. Maxwele.
In addition to our looming litigation on the new admissions policy, we allow the UCT 7 days to reinstate Mr Maxwele upon receipt of our formal letter failing which we will we will exercise the relevant legal options in defence of Mr Maxwele.
About the Higher Education Transformation Network (HETN):-
The Higher Education Transformation Network (HETN) is an independent network of alumni and graduates from various higher education and further educational institutions across South Africa committed to the process of transformation of education and training to increase equitable and meaningful access to education, skills and learning to eliminate of socio-economic disparities.
Statement issued by Mr Lucky Thekisho Chairperson of the HETN Board, May 15 2015
