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The University of Venda (Univen) council has cleared the institution’s vice-chancellor, Professor Peter Mbati, of sexual harassment charges, but it refused to publicly release the reports that led to its decision.
Mbati had been accused of pestering the former dean of the School of Education, Professor Thidziambi Phendla, with demands for sex, eventually hounding her out of her job.
A report conducted by the Commission on Gender Equality (CGE) on December 4 2014 was scathing on Mbati’s behaviour and had recommended, among other things, that the university invoke section 5.2 of its sexual harassment policy.
This clause calls for a formal procedure wherein the human resources director must demand a written explanation from an offender and, if there was prima facie case of misconduct, a charge sheet must be drawn up.
The South Gauteng High Court enforced the recommendation on May 30 after the council took the matter to court, trying to get the CGE’s report set aside.
The court, however, ordered the CGE to excise certain findings from its report.
Univen deputy council chairperson, Thovhele Tshivhase, said that the council received a “confidential report” as instructed by the court and had considered its recommendations.
“Pursuant to the report, council resolved that the matter of sexual harassment against the vice-chancellor be closed as the report found that there was no basis for the sexual harassment claims by Professor Phendla,” Tshivhase said.
“Council is also delighted that the CGE has duly complied with the court order and issued a new report with the excised paragraph,” he said.
However, Univen legal adviser Edward Lambani, declined to release the contents of mediator Lavery Modise’s latest report. Modise was appointed to mediate between the two academics in 2011.
Phendla said she was shocked by the council’s decision. “Mbiti wanted to settle, and why would someone want to do so if not in a corner? Modise has refused to give me the second report. I’m shocked [by the way] the council continues to punish me,” Phendla said.
However, a copy of Modise’s earlier report, dated November 3 2011, which City Press has seen, recommended that provisions of clause 5.2 of the sexual harassment policy should kick in following a stalemate in resolving the matter.
“Taking into account the fact that the mediation could not resolve Phendla’s complaint, the provisions of clause 5.2 of the policy should kick in.
"Be that as it may, having had the opportunity to consult broadly with Mbati and Phendla, I do have a view on the legitimacy or otherwise of Phendla’s complaint,” Modise’s report had concluded.
Lambani said the mediator’s report the council considered was dated July 24 2016.
“Regrettably, the university is not in a position to disclose the mediation report as it is confidential. However, for the sake of completeness, the finding made in the report was that there was no basis for Professor Phendla’s complaint that Professor Mbati sexually harassed her.
"In light of that finding, the university made a decision to not pursue any disciplinary charges against Professor Mbati,” Lambani said.
Modise also declined to share the findings of his second report with City Press. “You can get the report from the university, not through me,” he said.
CGE spokesperson Javu Baloyi was noncommittal about whether the commission would launch another challenge in court.
Baloyi could also not say whether the CGE agreed or disagreed with the council’s decision to clear Mbati.
“The high court, in an order granted by consent between the parties, ordered that the University of Venda must follow up and implement the recommendations issued by the Commission for Gender Equality,” Baloyi emphasised.
“To the extent that any of those recommendations have not been implemented, the university and any other party bound by that court order will be in contempt of court as the matter is sub judice,” he added.
