Cape Town - The University of Cape Town (UCT) has taken a decision to oppose litigation instituted by senior academic, head of Historical Studies professor Adam Mendelsohn, over its Gaza resolutions, stating this was in line with the university’s commitment to its values, social justice and human rights.
Subsequent to a Council meeting held at the weekend, Council chairperson, Norman Arendse, released a statement to the university community, providing an update on Council’s decision to oppose the review application filed at the Western Cape High Court.
On June 22, the UCT Council adopted two resolutions, which had been passed by the Senate.
Following a debate on the motions, both were passed by a majority vote.
Arendse said the Council met on Saturday, to consider whether to oppose or abide by the High Court application, which sought to review and have the resolutions set aside.
The resolutions related to the destruction of scholarship and education in Gaza, and the second to research collaborations with members of the Israel Defence Forces (IDF), resolving that no UCT academic may enter into or continue relations with any persons/research group affiliated with the IDF or the broader Israeli military.
“Following full, frank and robust discussion and debate having regard to all the relevant and material facts (including any financial consequences), Council resolved by substantial majority to uphold its commitment to its values, to social justice and human rights enshrined in the Constitution, and accordingly to oppose the court application,” Arendse said.
“As a statutory body, Council is obliged to comply with the country’s Constitution, the rule of law and its commitment to uphold and respect international law and the rulings of the International Court of Justice (ICJ).”
Over 40000 Palestinians in Gaza have been killed, including at least 11 355 children by Israeli bombardment. These figures are however, believed to be much greater.
Mendelsohn, the director of the Kaplan Centre for Jewish Studies at UCT, is the only applicant mentioned in the application with respondents being Arendse, 29 Council members including Vice-Chancellor professor Mosa Moshabela, SRC president Hlamulo Khorommbi, and UCT.
Mendelsohn is seeking an order to declare the two resolutions as unlawful, unconstitutional and invalid, and for it to be reviewed and set aside.
He is also seeking further relief and/ or alternative relief.
The application will make use of affidavits by Keertan Dheda, Mark Blumenthal, Simon Mendelsohn, Nicoli Nattrass, Trevor Norwitz, and Jeffrey Bagraim.
In the application, Mendelsohn claimed the motions were passed in an “irrational” manner and would affect his right to academic freedom as his research focusing on modern Jewish history would be impacted, as it related to or involved Israeli citizens, including those serving in the IDF or those who remain reservists.
Cape Argus