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03 June 2020 | Story Lacea Loader

On 1 June 2020, the University of the Free State (UFS) received confirmation from the Member of the Executive Council (MEC) for Sport, Arts, Culture and Recreation, Ms Limakatso Mahasa, that the relocation of the statue to the War Museum in Bloemfontein has been endorsed. The university was also informed that a permit will now be issued by the Free State Provincial Heritage Resources Authority (FSPHRA) for the dismantling, temporary storage, and relocation of the statue to the War Museum.

The notice from MEC Mahasa comes after the Appeal Committee of the FSPHRA decided on 20 August 2019 to uphold appeals from interested parties and to keep the statue at the UFS. Subsequently, the Special Task Team appointed by Prof Francis Petersen, Rector and Vice-Chancellor of the UFS, to develop and implement a framework to engage with a review process on the position of the statue in front of the Main Building on the Bloemfontein Campus, submitted an urgent request to MEC Mahasa to appoint a tribunal and refer the university’s appeal in terms of and in accordance with the provisions of Section 49(2) of the National Heritage Resources Act (NHRA), No 25 of 1999.

“The university’s executive appreciates the endorsement by MEC Mahasa and is satisfied with the findings of the Tribunal Committee, which supports the relocation of the statue. The University Council approved the relocation of the statue on 23 November 2018, after which an extensive process was followed to obtain a permit from the FSPHRA to relocate the statue. The Special Task Team went to great lengths to demonstrate the thoroughness of the public participation process and other supportive steps taken by the university,” says Prof Petersen.

“As there is no precedent for such a public participation process under the current South African law, the Special Task Team was at all times guided by the principles of fairness, inclusivity, and objectivity. It was not an easy process, but the outcome is a significant milestone,” says Prof Petersen.

The findings of the Tribunal Committee include, inter alia, that the university has followed the correct application procedure for the permit, that a proper public participation process was followed that was more comprehensive than required by law, and that no procedural unfairness took place during the public participation process. The Tribunal Committee furthermore found that the decision by the FSPHRA on 30 April 2019 to issue the permit was correct, and that the Appeals Committee appointed by the FSPHRA erred in its decision to uphold the appeal. As a pre-condition, the Tribunal Committee also determined that a conservation plan must be prepared by the university in order to address the process of relocating the statue.

According to Prof Petersen, the university welcomes the findings of the Tribunal Committee as it is in line with the Heritage Impact Assessment Report (HIA) and conservation plan initially submitted to the FSPHRA as part of the application for a permit.   

“While we await the issuing of the permit by the FSPHRA, we will now proceed with the necessary arrangements for the relocation of the statue, such as appointing a team for the dismantling, temporary storage, and re-assembly of the statue at the War Museum and appointing a heritage architect to oversee the process. The wishes of President Steyn’s family will be accommodated during the relocation process, as per the findings of the Tribunal Committee,” he says.  

Released by:
Lacea Loader (Director: Communication and Marketing)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za

News Archive

UFS responds on the outcome of the court case in the alleged attack by Cobus Muller and Charl Blom on Gwebu
2014-09-09

The management of the University of the Free State (UFS) acknowledges the finding issued on 4 September 2014 by the South African Human Rights Commission (SAHRC) that it was “unable to find any corroborating evidence to make a conclusive finding of racism and violation of human rights” in the Muzi Gwebu case.

The university management also takes cognisance of the ruling in the Bloemfontein Regional Court by Regional Magistrate Rasheed Matthews today (9 September 2014) that both Cobus Muller and Charl Blom are found not guilty on all the charges which included reckless driving, crimen injuria, attempted murder and assault (Muller), and a charge of assault (Blom). We note the Magistrate’s concerns about “inconsistencies in the evidence and exaggerations”, that the complainant “displayed hostility throughout the trial” and that he was “not a reliable witness and is prejudiced.” And therefore, in the words of the Magistrate to the defendants, “I’ve decided to give you the benefit of the doubt.”

Both Muller and Blom were suspended from all campuses of the UFS on 19 February 2014 based on the evidence available at the time of reckless driving, assault and other charges. This evidence was further borne out by an internal investigation into the incident of 17 February 2014 on the Bloemfontein Campus. In the light of the evidence available to us at the time, and the volatile situation on campus in the days following the attack, the UFS management believes that it was the correct decision to suspend the students, given the serious nature of the charges, and pending a decision of the courts.

In the light of both the SAHRC ruling as the Regional Court ruling, the university management has decided to take the following steps:

1.    The suspensions of both Muller and Blom from all campuses of the university are lifted with immediate effect.

2.    Muller may attend a forthcoming graduation ceremony during which the degree BSc Construction Management will be officially conferred upon him. He completed all the requirements for the degree in 2013, but was not allowed to attend the graduation ceremony of 11 April 2014 due to his suspension and the fact that the criminal charges were still pending.

3.    Blom may return to the university to complete his studies.

4.    The UFS is in discussion with the parents of one of the students and, if required, would also meet with legal counsel of the university, as well as those of students Muller and Blom to discuss any further steps given the outcome of the court case.

5.    In short, on grounds of the ruling by die SAHRC, as well as the Bloemfontein Regional Court, the university will not continue with its disciplinary action against Muller and Blom.

Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS said: “This has been a very difficult time for the university and I am pleased to record that throughout the crisis, the student body on the Bloemfontein Campus showed remarkable restraint and discipline, confirming also the broad, non-racial character of the peaceful protests that followed. Our student body has matured and our campus cultures are much more inclusive and transformed as a result of the quality and depth of student leadership over the past few years. The new Student Representative Council (SRC) is a splendid example of this – with the first black woman President (Mosa Leteane) and the first blind woman SRC student leader (Louzanne Coetzee).”

“I am pleased that the matter is now behind us and, again, we rest with the decisions of the Commission and the Courts as final,” he said.

Prof Jansen also apologised on behalf of the UFS to Cobus Muller and Charl Blom, their parents, and their families, for the disruption that the suspension brought in their lives and for the stress they had to bear during this difficult period. “For that, I am truly sorry,” he said.


Issued by: Lacea Loader (Director: Communication and Brand Management)
Tel: +27 (0) 51 401 2584 | +27 (0) 83 645 2454
E-mail: news@ufs.ac.za

 

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