An independent investigation, led by Retired Justice Chris Jafta, assisted by two advocates and an attorney, will be established to investigate the events, including their underlying causes leading to the protest that resulted in a Walter Sisulu University (WSU) student being killed while marching over accommodation related issues in Mthatha, Eastern Cape last week.
Other Council resolutions include determining whether there were any lapses on either students and any organ of the university in managing the situation.
The institution was the subject of violent protests last week when a student was shot and killed allegedly by a residence manager, while two more were wounded.
The students were reportedly marching towards the manager’s on-campus residence when live shots were fired.
The Student Representative Council (SRC) then turned to the Mthatha High Court with hopes of securing an order stopping eviction of students.
During court proceedings lawyers for the university argued: “The violence must not be streamlined to the death of that particular student, if you take into consideration the burning of staff members' vehicles, destruction of property.”
They further argued that none of these acts took place before April 15, so there could be a risk of the behaviour continuing as they demanded justice for the death of their fellow student. The university said these were among the reasons they sought temporary closure.
Lawyers for the students argued that it could not be confirmed whether students were responsible for the burning of property and that it was only triggered by events where students were harmed.
Judge Mbulelo Jolwana had harsh words for the university, saying that he could not grant an order that would put students’ lives at risk.
He ruled for an amicable solution which interdicted the eviction of students, while also interdicting students from damaging university property
“After a long engagement, you understood that there is sense in at least making an effort to ensure that if students are to be evicted that should be done as a very last resort but they have been given a chance to conduct themselves - even as they demonstrate and picket does not violate other rights - in a manner that maintains the integrity of the institution that they have elected.”
The WSU council had resolved that the manager who is alleged to have discharged a firearm against students should be placed on precautionary suspension with immediate effect, while an investigation into whether or not he is guilty of misconduct proceeds.
“In view of the lapse of the current contract of the security company, which operates at the Mthatha Campus, and the fact that the procurement process for the appointment of a new security company has been concluded, there should be no further renewals of the current contract. The newly appointed security company should commence immediately. The Mthatha Campus should also be temporarily closed, while teaching and learning proceeds through online modes, council decided.”
Cape Times