Office of the DVC: Research, Postgraduate Studies and Innovation 29/06/2020 Honourable MP Mapulane, MP Chairperson: Portfolio Committee on Higher Education, Science and Technology National Assembly Parliament Cape Town 8000 Dear Honourable Mapulane, RE: PARLIAMENTARY INQUIRY INTO APPOINTMENT OF PROFESSOR PETER MBATI AS THE VICE-CHANCELLOR OF THE SEFAKO MAKGATHO HEALTH SCIENCES UNIVERSITY The letters of the Chairperson: Portfolio Committee on Higher Education, Science and Technology dated 17 June addressed to myself and another dated 23 June 2020 addressed to the Chairperson of the Council of Sefako Makgatho Health Sciences University refer. In the Portfolio Committee’s letter dated 17 June 2020, questions are posed to me as the former Chairperson of the Senate of the Sefako Makgatho Health Sciences University who presided over the consideration of the suitability of candidates for the position of Vice Chancellor as shortlisted by the selection panel. I hereby respond as follows to the questions posed to me; 1.1. Appointment process of the Vice-Chancellor Ad question: 1.1.1. Whether the Senate members were aware of the allegations of sexual harassment levelled against Professor Mbati? Molotlegi Street, Ga‐Rankuwa Telephone: +27 12 521 4340/4961 Pretoria, Gauteng Facsimile: +27 12 12 560 0018 PO Box 201, Medunsa, 0204 www.smu.ac.za Email: lekan.ayo‐[email protected] 1. Leading up to the special senate meeting in which the senate members expressed their vote with respect to the suitability of the shortlisted candidates presented before it, all the senate members received an email on the 6th March 2020 from the office of the Registrar inviting senate members to a special meeting of senate scheduled for the 11th March 2020 (See attached Annexure 1). The invitation emphasised that in terms of Policy and Procedures for the Appointment of the Vice-Chancellor, paragraph 2.2.3.1 and 2.2.3.2, Senate is required to meet with a view to considering the suitability of the candidates for appointment to the Selection Panel and Council. The specific provisions were cited as below for ease of reference: 2.2.3.1 The Institutional Forum and the Senate consider the short listed candidates with a view to making a recommendation on the suitability for appointment of candidates to the SP and the Council. 2.2.3.2 The Senate and the Institutional Forum must, after all the short-listed candidates have addressed a joint meeting of the Council, the Senate and the Institutional Forum on a topic or topics as determined by the SP with due regard to the advertised requirements for appointment, through separate meetings make a pronouncement on the suitability for appointment of each of the short listed candidates. The full curricula vitae of the candidates and their declarations of intent must be made available to the members of the respective meetings before the voting is conducted. 2. Subsequently, on the 8th March 2020, the senate members received another email from the office of the Registrar notifying members of the agenda of the special meeting of senate. The email contained an attachement that included the letter of intent and the curriculum vitae (CV) of each of the four shortlisted candidates, including Professor Mbati, with the agenda pack sequentially numbered 1-134 (See attached Annexure 2). It is to be noted that no mention was made nor was there any documentation included with the letter of intent or CV of Prof Mbati in relation to any allegation of sexual harassment (See pages 15-58). Molotlegi Street, Ga‐Rankuwa Telephone: +27 12 521 4340/4961 Pretoria, Gauteng Facsimile: +27 12 12 560 0018 PO Box 201, Medunsa, 0204 www.smu.ac.za Email: lekan.ayo‐[email protected] 3. The special senate meeting was convened shortly after the completion a series of presentations by three candidates to a joint sitting of Council, Senate and Institutional Forum. I, as the chair then introduced the only matter on the agenda as the consideration of the shortlisted candidates and recommendation to the selection panel and council on their suitability for appointment as Vice Chancellor of Sefako Makgatho Health Sciences University. In accordance with the procedure, the senate members were to apply their minds and indicate by vote their recommendation on suiability of each of the three candidates presented to them, since one of the four ealier shortlisted candidates had withdrawn from continuing with the application process. Considering the fact that I as the Chair and the senate members did not have any documentation on allegations related to sexual harassment as at the time suitability for appointments were considered, it is a reasonable assumption that senate members were not aware of an allegation of sexual harassment levelled against Prof Mbati. Ad question 1.1.2. How were the Senate members informed about the allegations and who informed them? Senate members were not informed about the allegations Ad question 1.1.3. At what point of the recruitment process were the Senate members informed about the allegations? As indicated earlier, senate members were not informed of the allegations Ad question 1.1.4. How did the Senate members deal with the information on the allegations and at what point of the recruitment process was the information deliberated on? The information on the allegation was not shared with senate members as such it was not deliberated on (see Annexure 3- draft minutes of the special senate meeting of 11th March 2020). (i) What were the outcomes of the deliberations? There were no deliberations. Molotlegi Street, Ga‐Rankuwa Telephone: +27 12 521 4340/4961 Pretoria, Gauteng Facsimile: +27 12 12 560 0018 PO Box 201, Medunsa, 0204 www.smu.ac.za Email: lekan.ayo‐[email protected] (ii) Whether there was a unanimous support amongst the Senate members to support the recommendations of the selection panel recommending that Prof Mbati continue with the recruitment process or was it a case of the majority rule? There was a majority support amongst Senate members for the recommendation of Prof Mbati as being a suitable candidate for appointment as the Vice Chancellor. In terms of our policy and procedures, the senate members’ vote was not to determine nor could it determine, if a candidate could continue with the recruitment process. (iii) If the Senate members were not aware of the allegations of sexual harassment levelled against Professor Mbati, was that going to influence their voting in any way? I would not know if this would have influenced the senate members’ voting. 1.2. Poor infrastructure governance at the University of Venda (i) Whether the Senate members were aware of the Report of the Department of Higher Education and Training on poor infrastructure governance at the University of Venda, during the tenure of Professor Mbati? Senate members were not aware of this information. (ii) If so, how did they become aware and who made them aware? As indicated above, the senate members where not aware of this information. (iii) Whether the information contained in the Report used during the appointment process or not? This information was not contained in the report that reached the senate, which was used as part of the appointment process. I would not know why the information was not included Molotlegi Street, Ga‐Rankuwa Telephone: +27 12 521 4340/4961 Pretoria, Gauteng Facsimile: +27 12 12 560 0018 PO Box 201, Medunsa, 0204 www.smu.ac.za Email: lekan.ayo‐[email protected] in the report or documentation that reached the senate. I would imagine this was not in the public domain if it was addressed only to the Department of Higher Education and Training. (iv) If the Senate members did not have this information during the recruitment process, was the information as contained in the Department’s report going to influence its decision to appoint Prof Mbati and why? I would not know if the information would have influenced influenced the senate members. Yours Sincerely, Prof Olalekan Ayo-Yusuf, BDS, MSc, MPH, PhD Deputy Vice Chancellor: Research, Graduate Studies & Innovation Molotlegi Street, Ga‐Rankuwa Telephone: +27 12 521 4340/4961 Pretoria, Gauteng Facsimile: +27 12 12 560 0018 PO Box 201, Medunsa, 0204 www.smu.ac.za Email: lekan.ayo‐[email protected] ANNEXURE 1 From: Bridget Ratsaka To: "Lekan Ayo-Yusuf"; "Patrick Demana"; "Eunice Seekoe"; "Sebi Lekalakala"; "Lionel Green-Thompson"; "Stephen Hendricks"; "Natalie Schellack"; "Lawrence Obi"; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; "Eddie DAlton"; [email protected]; [email protected]; "Carina Eksteen"; "Liviu Feller"; "Perumal Gopalraj"; "Sam Golele"; "Leon Hay"; "Keven Hlaise"; "Donald Tanyanyiwa"; "Piet King"; "Daniel Kocks"; "Zacharia Koto"; "Greg Lebona"; "Patrick Lekgwara"; "Peter Sethusa"; "Honey Mabuza"; "Nomandla Madala"; "Harold Majane"; "Douglas Maleka"; "John Child"; "Mpho Motlhake"; "Rebecca Mhlongo"; "Alfred Mogale"; "Pindile Mntla"; "Mathildah Mokgatle"; "Andile Mokoena"; "Kebogile Mokwena"; "Sam Monokoane"; "Vanessa Moodley"; "Pagollang Motloba"; "Selina Mudau"; "Irene Munzhelele"; "Shingai Mutambirwa"; "Maphoshane Nchabeleng"; "Anna Oettle"; "Eye Clinic"; "Jan Olivier"; "Joshua Olowoyo"; "Alfred Ramukumba"; "Solomon Rataemane"; "Hannelie Meyer"; "Annalie Pistorius"; "Petrus Rautenbach"; "Tinyiko Nkhwashu"; "Solly Seeletse"; "Mapaseka Seheri"; "Gloria Selabe"; "Malmsiy Sengane"; "Nomathemba Taukobong";