NMMU, Rhodes lawsuit threat

© Brad Calkins – 123RF.com

Both institutions have been shut since Monday, with lectures suspended until further notice.

The parents, led by prominent Port Elizabeth advocate Terry Price, are threatening to open a case of mandamus (which would force a person or institution to perform a public or statutory duty) as they believe the universities have failed to honour the rights of non-protesting students.

The protests were sparked by Higher Education and Training Minister Blade Nzimande's controversial decision to hand the issue of fee increases back to the universities, saying the increases were up to each institution but should be capped at 8%.

Price, who said he was acting in his capacity as a concerned parent, said the parents would give the universities until next week Friday to resume lectures.

Failing that, they would open a case.

"Parents have sacrificed immensely to find the money to send their kids to school," he said.

"A vast majority of students who have been studying hard are being held ransom by a tiny minority of no more than 100 to 120, many of whom are not even students."

Price said the universities had a contractual obligation to keep their doors open as they had been paid.

"The universities are running scared and are not doing anything to protect the law-abiding, hardworking students.

"They are simply [accommodating] the thugs."

Wheeldon, Rushmere and Cole senior director Brin Brody, who is willing to take on the case, said he could not comment until he had consulted with the parents.

NMMU acting vice-chancellor Dr Sibongile Muthwa said university management acknowledged that financial sacrifices had been made by parents.

"It is unfortunate there are these rumblings from parents, but they need to understand this is not a numbers game," she said.

"It's been said that a small group of protesting students are preventing the majority from studying.

"We have thought about this very carefully and it is not a numerical game."

Muthwa said the university's primary concern was the safety of students and "delivering on our contractual obligation".

"If the shutdown continues for the next two weeks [to 10 October], the university will be left with no other option but to cancel the 2016 academic programme," she said.

Rhodes spokeswoman Catherine Deiner said the university had not received notification of any possible legal action. She said classes would resume today.

Source: Herald