The spat between Unisa’s suspended executive director of legal services, advocate Modidima Mannya, and vice-chancellor Puleng LenkaBula is taking a turn in the labour court.
Mannya filed a claim of unfair discrimination against LenkaBula on Friday for, among others, an accusation that he “bullied women”.
This follows another legal challenge Mannya brought against LenkaBula in the Pretoria high court on Friday last week after she suspended him on April 8 for three months for allegedly abusing his power.
Mannya’s latest salvo in the labour court action was triggered by an e-mail LenkaBula sent to him on February 16 in which she accused him of “going out of his way” to furnish the chair of the Unisa council, Mashukudu Maboa, with “misinformation”.
The e-mail is contained in the annexure to Mannya’s application that has also been filed at the labour court.
“It should be the last time you ever distort what I have said in writing or speech …
“I have not at all meddled in your legal prerogative as a lawyer to uphold the law, but instead, asked you to attend to the key thematic areas which we discussed,” LenkaBula said in the e-mail.
She was referring to the legal action brought against Unisa by the EFF Student Command after higher education minister Blade Nzimande instructed the institution to reduce its student intake of first-time entrants by 20,000.
She states in the e-mail: “I cannot and will not tolerate your conduct and disrespect to me as an individual or in my capacity as the principal and vice-chancellor.
“If your lying, dishonesty and misogynistic bullying has gone unchecked, I will not let it fester. I have been civil to you but it would seem to me that you are unable to work collegially with women nor with colleagues without denigrating or bullying them, including lying.”
LenkaBula was reacting to an e-mail Mannya sent to her on the same day, in which he informed her that he does not take kindly to her “ongoing personal attacks” against him.
“Maybe I should indicate that everyone of us is subject to the same rules of the university and I will not allow you to continue abusing me,” he wrote. “I do have human rights. Your ongoing hostility towards me has been amply demonstrated by your other e-mails and many comments you directed at me when I consulted with you when I prepared your contract.”
Mannya alleged in court documents that the “misogyny” allegation was made 46 days after LenkaBula took office as vice-chancellor on January 5. “[LenkaBula] could not in such a short space of time have formed such an adverse view of the applicant except if she already had a preconceived view of him prior to even meeting him.”
He alleged that she acted with malice and prejudice, with the purpose of discriminating against him because of her belief that because he is a male, he is a misogynist.
Mannya has asked the court to declare that LenkaBula unfairly discriminated against him “on arbitrary grounds” and that she be ordered “to cease and desist from” unfairly discriminating against him.
He also asked the court to order both Unisa and LenkaBula to pay compensation equivalent to two years’ salary.
Unisa confirmed in a statement it was aware of Mannya’s complaint to the labour court.
“Officials, with the assistance of the university’s legal service office, will represent the university in the labour court and defend its position.
“Unisa intends to maintain its long-standing practice of not dealing with matters between itself and its employees via the media,” it said.
Unisa said it will “vigorously” defend the case brought by Mannya in the high court.
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