Legal representatives for UCT Professor Adam Mendelsohn have argued that the council acted against the institution’s best interests when it adopted its resolutions on the Middle East conflict.

Mendelsohn’s counsel, Advocate Eduard Fagan SC, delivered closing arguments before Judges Robert Henney, Tandazwa Ndita and Mark Sher yesterday. 

News24 reports that the case arises from Mendelsohn’s application to have the UCT council’s resolutions, adopted in June 2023, declared unlawful, unconstitutional and invalid.

Mendelsohn, who heads the university’s Department of Historical Studies, contends that the council failed to act in the best interests of the institution.

Fagan told the court that UCT’s decision was not guided by sound governance principles: ‘It accepts that the resolutions would have no impact whatsoever on the war in Gaza. It was making a reputational decision. It undoubtedly needed to consider if the resolutions would make UCT better or sicker, and if sicker, then by how much? It needed to consider whether, by risking the loss of substantial funding, UCT would be able to retain its position as a top-ranked university in Africa or, in the worst-case scenario, continue as a university. This needed to be considered; that was the best interest imperative.’

In June last year, the UCT council adopted two resolutions passed by the university senate.

The first called for an immediate ceasefire in Gaza, the passage of humanitarian aid and the return of all captives while condemning the destruction of Gaza’s education sector and the killing of teachers and university staff. It also urged international support to rebuild Gaza’s education system. 

News24 reports that the second resolution prohibited UCT academics from collaborating with any research group or network affiliated with the Israel Defence Forces or the broader Israeli military.

At the time, more than 70 UCT law faculty members had already signed a statement calling for a ceasefire and an investigation into alleged international crimes.

Fagan argued that the UCT council failed to assess the financial and reputational risks before adopting the resolutions.

He said council chairperson Norman Arendse had not adequately briefed members on the potential consequences, including the possibility of losing donor funding.

According to court papers, the Donald Gordon Foundation withdrew a R200m donation to UCT following the adoption of the resolutions, while the Dell Foundation, which supported 288 students, also suspended its funding.

News24 notes that UCT’s legal representative, Advocate Tembeka Ngcukaitobi SC, told the court that the university was aware of the potential financial losses but adopted the resolutions out of moral conviction: ‘To UCT, all of it points to the need to pursue global justice and to promote human rights.’

The matter will resume next Friday. 

Full News24 report