27 SEPTEMBER 2023
Amptelike studentekoerant van die Universiteit Stellenbosch I Official student newspaper of Stellenbosch University I Iphephandaba elisemthethweni labafundi beYunivesithi yaseStellenbosch I Gestig in 1941 I Established in 1941 I Lisekwe ngowe-1941
SRC elections come to an end FLAVIA DAVIDS & LAURA MUTYAMBIZI
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n an unprecedented turn of events, election season in Stellenbosch University (SU) was still underway well into the beginning of the fourth term. The elections were saddled with difficulty relating to the disqualification of three candidates and the contestation of one candidate’s disqualification in the SU Student Court. A low participation rate of 8.82% for this year's elections was also recorded. More than two weeks after the Electoral Commission's announcement of the Student Representative Council (SRC) team for the 2023/2024 term on 4 September, the SRC was still unable to host its internal elections following allegations that the Electoral Commission displayed procedural and substantive unfairness in the investigation of the two complaints brought against candidate Amahle Sityata, a social work student. The complaints brought against Sityata related to two undisclosed events that took place on 24 August. As confirmed by Bridget Massey, third-year LLB student
SRC member Abongile Quthu in deliberation at the SRC executive internal elections on 26 September. PHOTO: Kris Bence and chairperson of the Electoral Commission, the procedures of the Electoral Commission are laid out in the Election Rules. The director of compliance and oversight will undertake the investigation by contacting all the factual witnesses, interviewing them, and collecting any records or information which may assist in finding the correct facts. After this, a decision is made based on
all the information that is before the director—a position currently held by postgraduate LLB student Yanga Keva. After Sityata filed an urgent application to the Student Court on 7 September, and the subsequent hearing, the Student Court set aside the Electoral Commission's decision on 18 September and ordered a second investigation of the complaints
laid against Sityata. As per the Student Court order, the Electoral Commission re-investigated the matter in line with its Electoral Rules and found Sityata guilty of electoral misconduct, leading to her disqualification from candidacy. Sityata did not appeal this decision. When approached by Die Matie for comment, the Student Court stated that they will remain
impartial and independent especially regarding matters still being considered by the relevant governance bodies. As stated by Adriaan Lourens, the Campus Liaison for SU Student Court, they "cannot make any comments about the outcome, and we motivate any interested parties to refer to the judgment on the [Student Court] website for the Court’s final view on the matter." Massey confirmed that the SRC internal elections for chairperson could only take place after the investigation's conclusion. After the conclusion of the investigation, the internal elections were hosted on 25 September on Microsoft Teams. In a majority vote of 12, Phiwokuhle Qabaka was elected as chairperson of the SRC, whilst her opponent, Ongezwa Tshazi, received 4 votes. Qabaka's election as chairperson marks her second term on the SRC. Qabaka, who is pursuing a BCom Honours degree in transport economics, was previously the holder of the secretary-general and financial access portfolios and served as the Economic Freedom Fighters (EFF) Student Command provincial treasurer at SU.
Second complaint against NSFAS by Sezoe LESEDI MNISI
The National Student Financial Aid Scheme (NSFAS) is once again the topic of controversy after the filing of a second complaint against them by Stellenbosch University (SU) final year Education student, William Sezoe. Sezoe, in his capacity as vice chairperson of the Student Representative Council (SRC), filed a complaint against the scheme at the South African Human Rights Commission (SAHRC) on 4 September. Sezoe contacted Commissioner Prof Bongani Majola, the Chairperson of the SAHRC, requesting the Commission to investigate NSFAS “for perpetuating potential human rights and constitutional rights violations against its beneficiaries.” In his complaint, Sezoe highlighted that many students have experienced difficulties with onboarding to the new system, thus making it impossible for them to receive their allowances and leaving them “at risk
of hunger” and was a violation of major and fundamental human rights. Sezoe also detailed certain experiences that students have disclosed to him regarding their struggles with NSFAS, such as food insecurity and difficulty accessing toiletries. These experiences, according to Sezoe, are “in direct conflict [with] what NSFAS ought to be doing as stated in their mandate . . . and in direct conflict [with] and violation [of] the NSFAS Act.” When Die Matie reached out to the SAHRC for comment, Commissioner Andre Guam stated that "the Western Cape Provincial Office is currently assessing the matter. If the complaint is accepted, there are various pathways the Commission can follow: negotiation, mediation or conciliation, or an investigation, hearing or litigation.” The SAHRC complaint is the second complaint Sezoe has made against the funding scheme. Sezoe's first complaint against
NSFAS was laid with the Office of the Public Protector on 10 July, which is now headed by acting Public Protector Kholeka Gcaleka. In that complaint, Sezoe requested the investigation of the procurement systems followed by NSFAS followed when awarding tenders to its current direct payment system partners, namely Coinvest Africa, Ezaga Holdings, Norraco Corporation and Tenet Technology. While this investigation is pending, Sezoe said that the “gross injustice systems this new payment system has brought” cannot be ignored. Sezoe hopes that the Public Protector’s office will “find that the procurement process was irregular and invalid [and] that those found guilty of chowing student funds get criminally charged for their actions and the tenders get cancelled.” The issue is currently under investigation and Sezoe is being provided with updates on its investigation every six weeks. In addition to these investiga-
tions, NSFAS started its own investigation on 21 August, led by Werksmans Incorporated. The goal of this investigation is to consider allegations of improper procurement processes in relation to the new direct payment system. In a media briefing on 18 September, Dr Blade Nzimande, the Minister of Higher Education, Science and Innovation, stated that he is “currently awaiting a final report on the NSFAS investigation into the process of the appointment of the four direct payments program partners, following public allegations on the process of their appointment.” Nzimande also insisted despite the various complaints that have been laid against NSFAS , the funding scheme is not in crisis. “I must upfront indicate that NSFAS, insofar as it successfully services the needs to the vast majority of poor students is not in a crisis, as many of our detractors want the public to believe," said Dr Nzimande.
Dr Blade Nzimande. PHOTO: SUPPLIED Dr Nzimande further claimed that these NSFAS “detractors” wish to “discredit one of the most successful schemes of [the] ANC government”. “I must upfront indicate that NSFAS, insofar as it successfully services the needs to the vast majority of poor students is not in a crisis, as many of our detractors want the public to believe," said Dr Nzimande. At the time of this article's publication, the investigations remain ongoing.