Rhodes University students who were released on free bail yesterday, 29 September, were ordered to adhere to strict conditions by the Grahamstown Magistrate's Court today.
Rhodes University students who were released on free bail yesterday, 29 September, were ordered to adhere to strict conditions by the Grahamstown Magistrate's Court today.
The students appeared in two groups before magistrate Ronny Lesele where they were due to be given a list of conditions to adhere to while they are out on warning.
Proceedings were brought to a halt just after 11am when defence attorneys and the prosecution could not agree on one of the conditions. The state had asked the court to order the students to report to the Grahamstown police station any time between 8am and 8pm every Wednesday.
This was challenged by defence attorney Basil Williams saying that he did not see the purpose of this condition. After a long discussion between Lesele, Williams and another defence attorney Ntobeko Jokwana, Lesele ordered that the case stand down until 12pm to allow him time to make a decision and finalise the conditions.
When the case resumed at 12pm Lesele read out a number conditions that the students must comply with during their release from prison on warning.
Lesele issued the following conditions: The students must appear personally in the Grahamstown Magistrate's Court on 30 November and thereafter every time they are warned to come to court until the verdict is issued and depending on what the verdict is continue to come to court until the sentencing stage; they may not communicate with state witnesses; they must refrain from interfering with witnesses; they must report in person fortnightly on a Saturday any time between 8am and 8pm to the person in charge of the charge office at the Grahamstown police station; they must remain in the Albany district and not leave district without written permission from investigating officer Jurgen Gouws; they may not engage in unlawful protest; those from outside Grahamstown must supply their home addresses to the investigating officer when asked to.
Lesele also advised the students that the court would issue a warrant of their arrest if they fail to adhere to the conditions. "If these conditions are contravened you will be arrested," he said.
Meanwhile the Heads of Departments Forum (HoD Forum) has issued a statement condemning the excessive force used by police against students. Chairperson of the HoD Forum Susanne Vetter in a statement released today said they are disturbed by, and unequivocally condemn, the excessive force used by police against the students. "The presence of police on campus and the possibility of further harm coming to any of our students and members of the university community at their hands is of very grave concern to us," she said.
Vetter encouraged fellow academics and other staff who are willing to show a visible presence to reduce the chance of harm to our students in conflict situations that threaten to escalate out of control. "We also urge our students to take care – recent history has shown that police cannot be relied on to show restraint when dealing with protests, and that being on a university campus does not protect students from police violence."
Vetter said they are unequivocally committed to the academic project. "This does not mean a narrow focus on continuing with our lecture courses, but a fundamental commitment to ensuring that, this year and in the future, we can continue to do the important work of educating our students, doing research and transforming the university.
Our central guiding principle is that our undergraduate and postgraduate students’ safety and well-being, as well as their academic success, are our paramount responsibility," she said.
Vetter also expressed the forum's commitment to finding a solution to the problems faced by the students.
She said they are committed to a way forward that supports the needs of all students – those protesting and those who, for whatever reason, are not actively involved in the protests. "Many staff and students are currently torn between supporting the cause of the protest and ensuring the academic success and well-being of our students. We strongly believe that these should not be mutually exclusive activities and goals," Vetter said.
Vetter said they are committed to supporting processes that overcome the current impasse, promote dialogue and rebuild mutual trust and respect. "Talks between affected constituencies have taken place over the past week and we urge all parties to resume these dialogues despite the set-back caused by the police actions on Wednesday. Examples at other universities have shown that security and police action has exacerbated rather than resolved the situation, with many campuses having had to shut down completely. At Rhodes University, we must do everything in our power to prevent such a situation."
The forum, according to Vetter, would very much like to see an end to the current situation in which they are carrying on the academic project under an interdict. "It is our joint responsibility as students, staff and management to arrive at the conditions of trust required for the removal of the interdict. Insofar as is possible legally, we are willing to support moves to hasten the end of the interdict, but this is contingent on assurances – and evidence – that the commitment to non-violence is adhered to by all parties.
This includes respecting the rights of all students and staff to continue with the academic programme if they so choose, so as to ensure an environment tolerant of a diversity of viewpoints," she said.
Vetter said this is a national struggle, and they would like to see the Rhodes University community present a united front for accessible quality, transformative higher education. "This struggle should unite us as it affects us all: academics, workers, students and administrators. We need to jointly direct our energies at putting pressure on the state to adequately fund higher education, while making every effort to ease the financial burden on students at our own institution," she said.
The students are due back in court on 30 November.
anele@grocotts.co.za
