The University of Cape Town’s internal governance dispute has taken another turn, with Council Chairperson Advocate Norman Arendse recusing himself from deliberations on Vice-Chancellor Professor Mosa Moshabela’s court challenge, despite an independent assessment finding no conflict of interest requiring him to step aside.

Moshabela is seeking to review and set aside resolutions adopted by the UCT Council at a special meeting earlier this year. Those resolutions followed an independent investigation into 34 complaints against the vice-chancellor, compiled by the university ombud. The complaints, submitted anonymously by staff and students, include allegations of sexual harassment, gender discrimination and cultural discrimination, alongside concerns about his workplace conduct and management style.

Senior Counsel Advocate Nazreen Bawa was appointed to assess whether Arendse should recuse himself from discussions concerning Moshabela’s High Court review application. Her assessment found that Arendse had no personal interest in the matter, was cited in the proceedings solely in his capacity as council chairperson, and that there was no evidence suggesting he would be biased against the vice-chancellor.

Bawa further concluded that there was no conflict of interest requiring Arendse’s recusal under the Higher Education Act. The assessment therefore distinguished between a demonstrable conflict of interest and the question of whether the council chairperson should participate in deliberations on the matter.

Despite the finding, Arendse has elected to step aside from the special council meeting where the issue will be discussed. His decision raises a broader governance question: when an independent assessment finds no grounds for recusal, what considerations inform a decision to withdraw anyway? In a dispute involving allegations against a university’s most senior executive, the council’s handling of the matter will be important not only for the individuals involved, but also for confidence in the institution’s governance processes.