From the Chair of Council
Update on matter related to resolutions on Gaza conflict
19 October 2024 | Norman Arendse (SC)Dear members of the UCT community
The University of Cape Town (UCT) Council met on Saturday, 19 October 2024 to consider, inter alia, whether to oppose or abide the High Court application brought by one of its senior academics to review and have set aside the Council resolution of 22 June 2024 in relation to the Gaza conflict.
The resolution sought to be reviewed and set aside relates to academic freedom. The court application alleges, inter alia, that the Council resolution violates the right to academic freedom.
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.
The June 2024 resolutions were taken in light of its previous resolution adopted in November 2023 in which it condemned the violation of human rights on 7 October 2023 and subsequently in Gaza, and called for a ceasefire and the release of hostages on both sides of the conflict. Despite the adoption of similar resolutions adopted by the UN General Assembly and the UN Security Council, the conflict has escalated to unacceptable levels.
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.
Council calls upon all parties concerned to respect the court process and to await the outcome of that process as demanded by the rule of law, and our Constitution.
Pending the outcome, we appeal to the university community, the donors and all our stakeholders not to preempt the outcome and take any action that might be premature.
Council reiterates its commitment to oppose discrimination against any section of our community, any of our religions, sects or creeds.
Given that the matter is pending in the courts, we will provide no further details or comment.
Sincerely
Norman Arendse (SC)
Chair of UCT Council
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