Academic Freedom Under Attack in South Africa

The latest incident causing concern for the FXI is the matter ofFazel Khan, who is being hauled before a disciplinarycommittee. Khan, a sociology lecturer at UKZN, gaveinterviews to certain media that had approached him regardingthe publication of an article in the latest issue of ukzndaba(Vol. 3, No. 6/7, June/ July 2006), a newsletter published byUKZN´s Public Affairs and Corporate CommunicationsDepartment. The article is about a film Khan had co-directed,but the article makes no mention of him or his involvement inthe film, while naming his co-director as the director. Thearticle was accompanied by a picture showing Khan´s co-director. The original picture had included Khan but he wascropped out in the newsletter. An aggrieved Khan was verycritical of the newsletter when approached for comment. Thecriticisms will be used against Khan in the disciplinary hearingwhere he faces possible dismissal.The FXI called the university´s action `appalling´. `Only in themost authoritarian societies do universities prevent academicsfrom speaking to the media about their work, their researchand their opinions and criticisms on the development of societyand of their own institutions,´ the FXI told Makgoba, adding thatSouth Africa was not such a society.

Khan acted on the basis of his constitutional right to freeexpression and was neither `dishonest´ nor `reckless´ in hisstatements - as the charge sheet against him alleges. In ouropinion, any disciplinary action taken against Khan wouldconstitute an unreasonable limitation on his right to freedom ofexpression and would thus be unconstitutional. Khan would,moreover, have the right to review any disciplinary action inany competent court. Our courts have consistently upheld theright of workers to engage in speech critical of their employers.Should disciplinary action be taken against Khan, UKZN willface a barrage of local and international condemnation.The fact that we believe the charges cannot hold up in a courtare irrelevant to the main issue of concern for us: that this is anexample of the manner in which freedom of expression isbeing eroded at UKZN. Particularly in the past six months, aclimate of fear has taken root at the university, whereacademics, workers and students are afraid of challenging orcriticising the university administration. Such a climate isdisastrous at any academic institution and seriously threatensthe spirit of enquiry and academic freedom. It also can have achilling effect on freedom of expression more generally -something any university should vigorously guard against. Anumber of incidents over the past year have led us to thisconclusion and we mention some of them below.* A recent university report found that, "The executivemanagement of the University of KwaZulu-Natal is nottrusted by a significant number of faculty and staff tofollow through on its promises or to honour itscommitments," (The Mercury, 25 September 2006). Thereport also found there was, at the university, a lack ofconsultation and a lack of meaningful communication;an authoritarian attitude; the privilege of position;intimidation and bullying; a lack of transparency anddemocratic procedures. The fact that such perceptionsexist among staff should be extremely worrying -whether they are true or not. It is disconcerting in aninstitution that is supposed to be a bastion of freethinking when those who have the responsibility tofoster such free thinking believe it to be authoritarianand bullying.* Makgoba´s refusal to meet with representatives of theStudent Solidarity Counselling and Appeals Committeeand the Socialist Student Movement to discuss studentexclusions simply because they had spoken to themedia.* An email notice from Professor Dasarath Chetty, headof UKZN´s Public Affairs and CorporateCommunications Department, in March 2006, to theuniversity community informing them of the university´sintention to prevent them from speaking to the mediaabout the impending strike action by staff.* An academic from Rhodes University, Professor JimiAdesina, being sued by Chetty for defamation for anemail Adesina had sent out wherein he had criticisedChetty´s email notice to the university community(referred to in 3. above).* An email notice from Makgoba in August 2006,informing the university community that, `Senateresolved that all members of the University Communityshould exercise due care when communicating with themedia, so as not to bring the University into disrepute.´* The issue of the banning of Dr Ashwin Desai has stillnot been resolved by UKZN - months after a nationalpublic debate about the matter and months afterMakgoba had promised it would be.* The UKZN "Electronic Communications Policy" whichhas been effective from January 2006. This policy is agross violation of academic freedom and freedom ofexpression more generally. Apart from allowing theuniversity to spy on individuals´ email correspondences,it also allows the university to read documents on staffmembers´ PCs. Further, it makes "illegal" any email andweb content that "contains material that is unlawful or inviolation of any University Policy including but not limitedto pornographic, oppressive, racist, sexist, defamatoryagainst any User or third party." This is a severerestriction on academics conducting research on variousaspects of racism, sexism, feminism, freedom ofexpression, etc.* The recent incident (The Mercury, 28 September 2006)when an academic at the university was prevented bysoftware the university IT department installed on hiscomputer from sending out emails because he had notassented to the "Electronic Communications Policy".UKZN has fostered an environment of fear, apprehension anduncertainty among many of its staff and students. It is a climatewhere those who are outspoken and controversial have to besilenced.

If allowed to go unchallenged, the decision about Fazel Khanwill set an extremely negative precedent for freedom ofexpression in South Africa´s academic institutions, because itwill create a climate of self-censorship at the heart of policy-making and intellectual life in this country. It will mean thatacademics will have to refrain from any form of commentary onor reasonable criticism of their universities out of fear of beingdismissed. This is not what a democracy is about. Academicshave an inalienable right to engage in political speech aboutmatters of public interest, and should be able to do so freely.By attempting to stifle healthy criticism and debate, especiallyamongst its own workers, UKZN has been exposed asintolerant and censorious.

We believe the impending action against Fazel Khan isunnecessary. We therefore urge Professor Makgoba towithdraw all charges against Khan and to begin the process oftransforming the fearful environment that has been created atthe university. We are seeing attempts to attain good short-term publicity for the institution which will ultimately result in thevery purpose of the university being subverted. If we allowUKZN to continue sliding into the abyss of a completedisregard of academic freedom and freedom of expression, wewill end up with the kind of university that only dictators can beproud of, the kind of university that is not concerned withfostering academic enquiry but thought control.

For more information, call:

Na´eem Jeenah, Head: Anti-Censorship Programme - 084 574 2674Simon Delaney, Head: Legal Unit - 083 397 0057

http://southafrica.indymedia.org/news/2006/10/11357.php

Fazel[1].strike.JPG1.02 MB

http://www.mg.co.za

M&G has the following article written by David Macfarlane:

'CLIMATE OF FEAR' ON UKZN CAMPUS

The Freedom of Expression Institute (FXI) has protested to University of KwaZulu-Natal (UKZN) vice-chancellor Malegapuru Makgoba about a "severe decline" in academic freedom and a "climate of fear" on the UKZN campus.

Na'eem Jeenah, head of the FXI's anti-censorship programme, was reacting to the bringing of disciplinary action against sociology academic Fazel Khan. Khan is charged with making "dishonest" or "reckless" comments to the media after he was airbrushed from a photograph in the university's newsletter UKZNdaba.

In a strongly worded letter, Jeenah told Makgoba that this "latest incident . . . has caused us to stand up and take notice and . . . raised the level of our concern".

The Mail & Guardian reported on the apparent censoring of the photograph, which accompanied an article on a documentary film about a Durban shack-dwellers movement from which Khan was also omitted. He had co-directed the film, shown at the International Labour Film and Video Festival in Turkey.

Khan said his omission from the picture and the article was "dirty revenge" for his role in UKZN's February staff strike. He belongs to the Combined Staff Association, one of four unions at the university

The documentary's other co-director, UKZN graphic artist Sally Giles, took responsibility for the airbrushing and for supplying the newsletter with information omitting mention of Khan.

Khan's comments to the M&G are cited in the charge sheet delivered to him this week. Two other charges are based on his comments to The Mercury and The Witness on the same issue, published a week later.

Jeenah's letter to Makgoba notes that Khan faces possible dismissal, adding that the university's action is "appalling . . . Only in the most authoritarian societies do universities prevent academics from speaking to the media about their work, their research and their opinions and criticisms on the development of society and of their own institutions".

The FXI's main concern, Jeenah wrote, is that the action against Khan "is an example of the manner in which freedom of expression is being eroded at UKZN". Having spoken to a number of the university's academics over the past year, "we believe that . . . a climate of fear has taken root at the university, where academics, workers and students are afraid of . . . challenging or criticising the university administration".

The letter cites a number of other recent developments that "threaten the spirit of inquiry and academic freedom". One is a confidential report of a joint management-union task team after the strike, which recorded staff perceptions of executive management as authoritarian and the climate at UKZN as intimidatory and bullying.

Another concerns the university's electronic communications policy, which the FXI writes is "a gross violation of academic freedom and freedom of expression. Apart from allowing the university to spy on individual's e-mail correspondences, it also allows the university to read documents on staff members' personal computers (that belong to the university)."

The letter notes a university announcement this week that the policy is still in draft form, but observes that it has been in effect since January.

Other concerns the FXI raises include official cautions to staff about communicating with the media; and the still unresolved banning of Ashwin Desai "months after [Makgoba] had promised that the matter would be resolved".

Makgoba said he had no comment on the FXI letter. Khan said he preferred not to comment on the charges against him for fear of prejudicing his case.

Combined Staff Association president Evan Mantzaris observed: "People can't talk openly - this isn't a university any more. The whole collegial relationship has disappeared." His union strongly opposed the action against Khan and will look to the other unions for their support.

http://www.themercury.co.za/index.php?fArticleId=3037613

MLABA says claims are nonsense

UKZN academic accuses mayor of meddling December 16, 2005 Edition 1

Zukile Majova & Carvin Goldstone

An academic at the University of KwaZulu-Natal's Centre for Civil Society, who has been at the forefront of protest against the perceived slow pace of service provision by the eThekwini Municipality, claims his academic freedom is being undermined.

The claim is vigorously denied by the UKZN Vice-Chancellor and Principal, Prof William Makgoba. The academic says he believes eThekwini Mayor Obed Mlaba is using his friendship with Makgoba to tinker with academic freedom. At the centre of the uproar is a claim that Mlaba told Makgoba he was very angry about the activities of some of the academics on Makgoba's payroll.

Fazel Khan, a sociologist from UKZN who is documenting the plight of shack dwellers living in informal settlements in Kennedy Road and Sydenham in Durban, said he was considering dropping his research because of political interference in his work. Khan's troubles reportedly started on December 7 after he attended the Vice-Chancellor's Consultation Forum. He said he had spoken to Makgoba at the end of the forum.

"I was talking about union matters when Makgoba told me the mayor was very angry with me," he said.

"He said Mlaba phoned him to voice his anger with my involvement with the informal settlement disputes.

"I told him that I was elected by the people to represent them, help them write press releases, teach them how to take minutes of their meetings, etc."

Khan, who is doing a PhD in sociology, told Makgoba that his involvement was in line with his academic work because he was producing a research paper on the matter, and it was part of his community outreach, a requirement expected of all academics. But he said Makgoba had repeated: "Mlaba is very angry with you."

Makgoba had added that the mayor was preparing a report regarding Khan's actions of instigating the informal settlers, and it would be presented to the university's council.

"For the third time he told me that Mlaba is very angry with me," said Khan.

"I then asked him (Makgoba) what his opinion was on this matter, and he said he did not have an opinion at the time, but would wait for the presentation to be made to council.

"I felt that instead of encouraging independence for researchers, he was exposing them to intimidation."

The conversation was overheard by Prof Kathan Pillay and an executive member of the National Education Health and Allied Workers' Union who attended the forum. Pillay said: "I can say that the conversation was informal, but I will not delve into its content because it was between Prof Makgoba and Khan."

Khan has reported the matter to the Freedom of Expression Institute and the Human Rights Foundation. However, Makgoba said the mayor had never phoned him. He said he had been told by a member of the university staff who had visited the informal settlement at the same time as Mlaba that the mayor had been angry at some academics in the university. He denied intimidating Khan, saying their conversation had been informal and not characterised by "finger-pointing intimidation".

"I spoke to him off the cuff. There are different kinds of conversations and this one was informal," said Makgoba.