Protest students’ demands

Activists seek court order for NMMU to help them finish academic year

Student activists who shut down NMMU now want the Grahamstown High Court to order the university to help them complete the academic year. They also want the university to provide them with free food and accommodation for the next two months, as well as equipment to access the e-learning programme.

However, the Student Representative Council (SRC), which together with NMMU is opposing the application, says the students are the authors of their own misfortune and must take responsibility for the consequences.

The students, who were at the heart of the shutdown from September, argue in court papers that NMMU’s contingency plans – e-learning, free Wi-Fi at municipal libraries and zero data fees for students accessing NMMU online platforms – are exclusionary.

Tomorrow, they will argue that the university should provide them with the means to complete the academic year – including free accommodation and food for next month and January as well as equipment and counselling.

NMMU spokeswoman Zandile Mbabela said yesterday the university would oppose the application.

“The university is preparing for the way forward and has made the necessary submissions to the court,” she said.

The students’ application cites the #FeesMustFall (NMMU) movement as the first applicant and the #FeesMustFall steering committee as the second applicant, along with 18 students.

Gretchen Sudenie, who signed the founding affidavit on behalf of the students, said the group had a meeting with their legal representative in Grahamstown on November 7 where “it became apparent an application for an interdict would be our only recourse”.

“It’s [e-learning] introduction has become an immediate and direct threat to the academic well-being of the students, who are challenged in that they cannot access the e-learning system,” she said.

“A number of students have no laptops, computers, smartphones with compatible software or any other device that could be used to access e-learning.”

Sudenie said should e-learning continue, it would place a financial impediment on groups who would write exams next month and January.

“The university needs to cater for students’ needs by providing accommodation without any costs to students, provide food in the form of vouchers, offer counselling sessions that speak to psychological trauma sustained in the past several weeks [and] which is without bias and the element of accusation,” she said.

Furthermore, e-learning could not guarantee student readiness to sit for examinations.

The group also argues that the Wi-Fi spots are geographically disadvantageous to students and the zero data fees are compromised by connectivity issues.

Attorney Asanda Mgangatho, who will represent the students, said: “This pertains to all students who are being excluded by the e-learning system.”

He would not confirm if he had taken on the application pro bono or if the students were funding it.

Sudenie’s affidavit said an online petition was circulated to students to determine their feelings towards e-learning, and more than a thousand opposed it.

She said as some students were unable to access the petition “it should not be judged according to its quantitative potential”.

“By pursuing the e-learning project, the institution [NMMU] is, in fact, directly perpetuating the erosion of any gains made towards creating and sustaining a socially cohesive attitude amongst the student community,” the affidavit said.

“We therefore feel it is wise to advise the university to reverse this exclusionary and anti-poor approach in an attempt at saving the academic year and for once in its existence put black and poor bodies at the centre of its preoccupation.”

The SRC, cited as the second respondent, will also oppose the application.

SRC president Nicholas Nyathi said: “Our stance on the matter is that they [the activists] have a weak case.

“#FeesMustFall are the authors of their own misfortune and they have to take responsibility for the consequences.

“Our stance has always been to salvage the academic year.

“The movement has no case because they want to be included yet they are the ones who shut down classes.

“As an SRC, we feel they should publicly announce that they will stop the shutdown and reopen classes.”

#FeesMustFall spokesman Azola Dayile said the movement wanted the university open but not if the “underprivileged” student body remained excluded.

“We have chosen this route because no one is willing to listen to us,” he said.

“We are hoping for a positive and fair result from the presiding judge.

“As the #FeesMustFall movement, we want the university to open but not to exclude any student on any basis – whether it is academic, racial or based on gender.”

Wheeldon, Rushmere and Cole senior director Brin Brody, who is representing Captu (the Concerned Association of Parents and Others for Tertiary Education at Universities), said: “We have always maintained that the university has not done enough to ensure that the rights of those students who want to complete the academic year are not infringed upon.”

Captu lost its court bid recently to compel the university to reopen.

“We believe the #FeesMustFall movement will continue their actions into 2017, which is why we went to court originally,” Brody said.

“This court order looks like an attempt by the #FeesMustFall movement to be included in the current learning procedure and, judging from their previous actions, there is no telling what will happen should they be included.”

He does not believe the students will succeed in their application.

Brody said Captu would be appealing against the ruling in the case that it lost.