A newly elected member of the Stellenbosch University (SU) Student Representative Council (SRC) was recently disqualified from running in the chairperson election, after allegedly violating the electoral code of conduct.
The disqualification took place on the evening of 9 September, according to Francesca Visagé, the 2021 SRC election convener. A complaint was lodged against Unathi Ngumbela, a member of the SU SRC for 2021/2022, in terms of the election rules, according to Visagé.
Unathi Ngumbela, a member of the Stellenbosch University Student Representative Council (SRC), also served on the SRC for the 2020/2021 term. PHOTO: Sourced/LinkedIn
“We have investigated the matter and examined all of the evidence before us,” said Visagé, adding that Ngumbela was also given the opportunity to provide evidence in his defence. “The evidence clearly indicated that he did indeed violate the rules, and therefore must be disqualified from the chairperson election,” she told MatieMedia.
According to Visagé, the complaint alleged that Ngumbela had reached out to certain SRC members and promised them certain portfolios and positions if they voted for him in the chairperson election.
Ngumbela violated election rules 5, 8 and 9, claimed Visagé. According to the most recent copy of the SRC Election Code Of Conduct, these rules require candidates to:
5. Do nothing that would impede the right of anyone to gain reasonable access to voters for the sake of recruiting support;
8. Refrain from any attempt at misusing power or resorting to privileges or influence or using any form of coercion intended to persuade someone to vote for any particular candidate;
9. Refrain from offering any form of enticement or remuneration to any person for the purpose of such person’s vote or non-vote in the election.
Procedure
However, when speaking to MatieMedia, Ngumbela claimed that Visagé did not follow proper procedures when it came to his disqualification.
“The proper procedures were not followed in terms of my disqualification,” claimed Ngumbela. “I did not receive any formal communication that an investigation was going on. I only received a WhatsApp text from [Visagé] after submitting my name as a candidate for the chairperson election.”
The relevant framework, which is the Student Constitution and Election Code of Conduct, does not provide for a specific procedure to be followed, according to Visagé.
“For this reason, we consulted SU’s Legal Services to ensure that the procedure we aimed to follow, was in line with those frameworks and we did receive confirmation in this regard,” she added.
Ngumbela also claimed that he was not informed of what evidence there was for the allegations against him.
“I can’t prove my innocence when they haven’t proved that I am guilty,” said Ngumbela.
The complaint and evidence received were anonymous, so in the interest of protecting those parties, Visagé and her team were not, and are not, able to provide it to the candidate, she explained.
“The outcome was not a unilateral decision as the Election Committee as a whole considered all the evidence we received in detail before making our conclusion,” said Visagé.
Dismissal of a student leader
While Ngumbela was disqualified from running for chairperson, he was duly elected as an SRC member and will therefore remain in that position, said Visagé.
This would only change should official channels for the removal of an SRC member be instituted, she explained.
The Student Parliament (SP) Constitution, alongside the general SU Constitution, stipulates that any student may institute a motion of no confidence against a member of the SRC, according to Grace Mngadi, the deputy speaker internal of SU’s SP.
The Student Representative Council office in the Neelsie Student Centre. PHOTO: Wessel Krige
“If you believe that any SRC member has done something that completely violates the integrity of the SRC, or means that they will no longer be a competent SRC member and that they cannot hold office, seeking a motion of no confidence through Student Parliament would be your best call of action,” said Mngadi.
The election of the new chairperson and vice-chairperson is scheduled to take place in the third week of September, said Visagé.
This is a developing story.
Contributors: Wessel Krige and Alexander Brand