Suspended Uniswa SRC chief appeals

MANZINI- Suspended UNISWA SRC President Pius Vilakati has appealed to the University Council where he has accused some members of the tribunal that suspended him of bias.

SRC stands for Students representative Council.
In a letter of appeal,  Vilakati states that one of the committee members, Dan Nkambule, was also involved in the investigation process that led to him being charged.
Nkambule is also the Dean of Student Affairs at the University of Swaziland and the university is yet to respond to his appeal.

Vilakati alleges that Nkambule provided the security personnel with photos where he was allegedly ‘identified’ and that his presence in the disciplinary tribunal bred a likelihood of bias and that the proceedings as a whole must be found by the University Council to be irregular.

“The rules of administrative law pertaining to tribunals provide that the defendant will be furnished with all relevant material and documents that will facilitate proper defence.
“The prosecution ambushed the defendant and his defence team by failing to disclose the witnesses who were to testify and forward a summary of the evidence they were to present.

“A proper disclosure of this information would have provided the defendant with sufficient grounds to rebut the university case.
“Furthermore, being conversant with the regulations for students discipline and their failure to provide for the procedure of conducting hearings, the chairman failed to preliminary articulate the rules and procedure that would guide his committee and thus prejudiced the student representatives who were sometimes ignorant of the whimsical procedures,” alleges Vilakati.

He alleges that some of the charges were extended without any evidence being led to justify such and as such the committee, when considering the sentence, based its findings on what he called ‘fabricated’ and ‘extended’ charges.

Vilakati alleges that there was also lack of physical evidence on the part of the disciplinary                     team.
He contends that in ordinary and accepted standard of proof, such items needed to be furnished to the disciplinary committee but claims such did not happen.

Vilakati is currently suspended from the University until April 5, 2010 for alleged misconduct of vandalism during a student strike in 2008 against the 40/40 double celebrations.
He is banned from entering UNISWA pending the payment of the allegedly damaged property as well as the lapse of the days of suspension.

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