Court Dismisses Suspended CPUT Security Head’s Application
Cape Town – The Labour Court has dismissed an urgent application by suspended Cape Peninsula University of Technology (CPUT) security head William Baloyi, who had asked the court to set aside his suspension and declare it an unfair labour practice.
Baloyi had sought to have his suspension set aside with immediate effect pending the finalisation of any possible disciplinary hearing.
But the court on Tuesday struck the application off the roll because it lacked urgency.
In a letter dated October 6 from the office of CPUT vice-chancellor Chris Nhlapo, Baloyi is informed that an investigation into several allegations against him has begun.
These were, among others, and not limited to, “insubordination and gross dereliction of duty” in that he “failed and/or refused to provide reports and the appropriate evidence to management regarding the unlawful strike by staff, the prolonged protest action by students and the non-compliance with the interim interdict obtained by CPUT as well as the contravention of the suspension orders”.
The institution said Baloyi’s actions and/or omissions had frustrated management, staff and students and placed the institution at risk as he “failed to take the appropriate action to enforce the suspension orders issued against the suspended students and contraventions of the interim interdict”.
Further, CPUT alleges he failed to create a safe environment by not coordinating staff and private security in responding to threats, including protecting and securing university infrastructure during a strike by staff and a protest by students.
Baloyi’s representatives said they would discuss the ruling before taking the next step.
In his affidavit before the court on Tuesday, Baloyi said there was no prima facie evidence that he was involved in serious misconduct.
“It’s also not clear how my removal from the workplace will benefit the institution at this time unless I am not needed in the premises for other sinister reasons, which will only reveal themselves later when the damage has been done.”
He said the “unfounded allegations” that led to his suspension created an impression that he had deliberately conspired with students and staff for them to embark on an unprotected strike when this was not true.
“This has the potential to be catastrophic if unaddressed, and that is my technical blacklisting in the industry as a person who permits crime to occur at places I am entrusted to protect,” he said.
CPUT spokesperson Lauren Kansley said the institution did not comment on internal disciplinary matters.