Xolani Tom, the president of the National Tertiary Education Union, is gearing up for a legal battle against the University of Fort Hare following his dismissal in December. Tom asserts that his termination was unjust and plans to contest it through the Commission for Conciliation, Mediation, and Arbitration (CCMA).
The university relieved Tom of his duties citing various allegations, including purportedly sending messages to a senior staff member, warning her of potential danger to her life. These messages, conveyed via WhatsApp, were flagged as harassment and led to Tom’s dismissal after he was found guilty in a disciplinary hearing.
In an interview with Sowetan, Tom articulated his intention to challenge the dismissal on grounds of procedural irregularities. He pointed out concerns regarding the conduct of the disciplinary committee, particularly questioning the impartiality of the chairperson, Nthabiseng Makhoba, and the involvement of individuals with whom he had prior professional interactions.
Scheduled for arbitration in July, Tom’s case underscores broader issues within the institution, echoing recent arrests related to fraud and corruption at Fort Hare University.
According to details from the charge sheet, Tom’s alleged communication with the staff member caused her significant distress, resulting in psychological trauma and persistent fear for her safety. The severity of the situation escalated, particularly in light of previous violent incidents involving university staff.
However, University of Fort Hare spokesperson JP Roodt defended the institution’s adherence to fair disciplinary procedures, emphasizing the involvement of an independent chair during the hearings.
Tom’s legal battles extend beyond his employment dispute, intertwining with previous allegations of police misconduct. In 2023, he and businessman Colin Heshula claimed to have been subjected to torture by members of the police’s national intervention unit. Tom has since pursued legal recourse against the officers involved, highlighting a broader pattern of legal challenges he faces.
As the legal proceedings unfold, the case sheds light on the complexities surrounding labor disputes and institutional accountability within South African universities.