Johannesburg - Academia involves robust debates and exchanges of ideas, but that appears not to be the case at the University of Limpopo.
Two professors are heading to court following a debate emanating from a faculty meeting. Professor Lesibana Rafapa has approached the Polokwane Magistrate’s Court and filed a defamation of character lawsuit against Professor Kgothatso Shai following a faculty meeting that has been described as “a robust debate” by those in attendance.
In his papers, Rafapa, demanding R185 000 in damages, claims that on November 17, 2020, at the University of Limpopo, Shai insulted, humiliated and degraded his dignity by stating that he is a dictator pretending to be a democrat. He further claimed that Shai accused him of boycotting the workshop and that Rafapa dislikes his women colleagues. He said he found Shai's statements degrading to his human dignity and reputation.
In the summons to inform Shai that Rafapa is instituting legal action against him, it is stated that the remarks can destroy the working relationship between Rafapa and other university members.
"The Plaintiff is no longer free to engage his colleagues and other people within the University community as he was regarded as a Dictator pretending to be a Democratic", read the summons seen by Sunday Independent.
On August 21, 2021, Rafapa wrote a letter to the university indicating he intended to approach the court. He said Shai had circulated a defamatory email to 90 colleagues. He said in the email, that he discussed issues of the workshop he hosted on behalf of the university and instead elected to attack this person, making unfounded allegations that he wants him to prove in a court of law.
"The personal attacks were happening publicly for the second time. The first time this happened, Professor Shai veered off the approved agenda of a duly constituted Faculty Board meeting to defame me and attack my person in other ways, claiming that I am a dictator, among others. A similar allegation by him is still veiled in his recent email, where he even usurps the position of my line manager to evaluate me as someone with bad interpersonal relations with all my colleagues," he wrote.
Rafapa added that in the faculty board meeting, the university chairperson did not protect him when Shai defamed and injured his reputation. According to insiders at the institution, the university did not institute a disciplinary hearing as the matter was not viewed as constituting defamation.
"The university and the chair of the meeting regarded the interaction as a robust debate among academics. That is why the chair did not intervene or call out Prof Shai," said an individual who was also part of the meeting and spoke on condition of anonymity.
The source added that the university should intervene and handle the matter as it will create an environment of fear among academics.
"The move will inculcate a culture of fear at the institution where people will not be able to raise issues or question things. This can't be allowed to happen. We must be able to have opinions and disagree with decisions being taken," said the source.
While the University had not responded to Sunday Independent by the time the publication went to print, the University's Director of Marketing and Communications, Victor Kgomoeswana later got back to Sunday Independent and said the University cannot comment on the matter because it is under sub judice.
"The University cannot comment on the matter as it is under sub judice," he said.
Rafapa said while the matter is now with his legal team, he expected the chairperson to call Shai to order because if he (Rafapa) were chairing a meeting and someone abandoned discussions or an agenda item and instead started attacking a person's personality, he would have called that person to order because the university does not approve of such conduct.
"I wrote a letter to the university requesting for internal disciplinary action be instituted against him so that the matter could be handled internally and not necessarily have to go to the courts. But I have not received correspondence from the university.
“When it happened the second time through emails, I started sensing that this gentleman wanted to ensure my dignity became paralysed or I'm not free to perform my duties. So me taking action is about me not allowing anyone to get in my way of carrying out my duties without fear or favour.
"At the moment, we can't say the institution is not in the process of disciplining the gentleman I am complaining about. The only certain thing is that they have not come back to me with an update since I complained and requested that disciplinary action be taken against him. Even as I instituted/or requested for the institution of such internal disciplinary action, I made it clear from the outset that I was also suing him in the courts. I have no complaint against the university itself. There is also no legal action I am taking against the university," he said.
Shai this week declined to comment on the matter and referred all enquiries to the university.
"This is now a legal matter which also happened while I was at work. Please refer all questions to the University," he said.