Recent developments concerning legal proceedings

Dear members of the university community

Recent developments concerning legal proceedings instituted by the Vice-Chancellor (VC) have understandably generated interest and concern within the University of Cape Town (UCT) community and beyond.

UCT is an institution founded on principles of integrity, academic freedom, fairness, accountability and respect for the dignity and rights of all who form part of our community. Council has a responsibility to safeguard those principles, as well as the reputation and institutional integrity of UCT.

Ordinarily, Council would not comment publicly on confidential employment-related matters or on matters which are the subject of pending litigation.

However, certain public assertions and characterisations risk creating an incomplete impression of the circumstances in which Council was required to discharge its governance responsibilities. Without entering the merits of the pending litigation or compromising the confidentiality owed to any person, I therefore consider it appropriate to provide limited institutional context.

This communication is not intended to advance Council’s position in the litigation or to prejudge any issue that is now before the court. Those issues will be addressed through the appropriate processes.

The independence and confidentiality of the Office of the Ombud

The Office of the Ombud is independent and operates separately from Council.

While the Ombud accounts to Council annually and, for administrative purposes, reports to the Chair of Council or a Council member designated by the Chair, the independence and confidentiality of that office are fundamental to its proper functioning.

UCT staff and students must be able to approach the Ombud in confidence. The details of concerns raised with the Ombud, and the identities of those who approach the office, are therefore not ordinarily disclosed to the Chair or Council.

This confidentiality serves an important institutional purpose. It protects those who seek assistance from the Ombud, those about whom concerns may be raised, and the integrity of the university’s processes.

When concerns relating to the VC required the attention of Council, the Ombud alerted me, in my capacity as Chair of Council, to the existence and seriousness of those concerns, without compromising the confidentiality attaching to them. I sought independent legal advice and thereafter placed the matter before Council and informed the VC.

The process that followed was undertaken on independent legal advice and was designed to ensure independence, appropriate confidentiality and fairness to all persons affected.

Protecting UCT and its institutional integrity

The events of recent months involve difficult and sensitive issues. They concern individuals, but they also concern something larger: the ability of the university’s governance structures to discharge their responsibilities independently, fairly and without fear or favour.

Council’s responsibility is neither to shield any individual office-bearer from legitimate scrutiny nor to assume wrongdoing merely because an allegation has been made.

Its responsibility is to act in the best interests of the university.

That requires Council to respond appropriately when serious concerns are brought to its attention, while ensuring fairness, appropriate confidentiality and respect for the rights and dignity of every person affected.

The fact that Council acts when serious concerns are brought to its attention should never be understood as Council having predetermined the truth of those concerns. Equally, Council would not properly discharge its governance responsibilities if it simply ignored serious matters because they were difficult or sensitive.

The VC is entitled to fairness, dignity and due process. Those who approach the Ombud are equally entitled to the protection that legitimately attaches to that process. These principles are not mutually exclusive.

The reputation and integrity of UCT are best protected by ensuring that difficult matters are addressed through independent, principled and procedurally fair institutional processes, rather than through public debate.

In addressing these matters, Council sought independent legal advice and utilised independent external professionals to safeguard the independence, fairness and integrity of the process.

UCT’s reputation has been built over generations and depends upon the integrity of its academic, administrative and governance institutions. Council will continue to discharge its responsibilities in a manner that protects that legacy.

The current proceedings

As legal proceedings are now pending, Council will exercise appropriate restraint in its public communications. It would not be appropriate for Council to litigate these matters through public statements or to disclose confidential information in response to public commentary.

Council has not yet determined the steps to be taken in relation to the proceedings. The litigation and the legal advice relating thereto will be considered by Council at the special meeting convened for 15 August 2026, following which Council will determine the appropriate way forward in the best interests of the university.

In the meantime, I appeal to members of the UCT community to avoid speculation, the circulation of untested allegations, or commentary that may unfairly prejudice any of the individuals concerned or undermine the integrity of the processes presently underway.

Our collective responsibility is to protect UCT, its people, its institutions and the values for which it stands.

Sincerely

Norman Arendse (SC)
Chair of UCT Council

Read previous communications:

• From the UCT Executive
• Campus Announcements