A fresh legal challenge to the legitimacy of the University of South Africa (Unisa) leadership is mounting amid the institution’s legal crackdown on its detractors.
Former student and “whistle-blower” Simamkele Xani has filed an application to have vice-chancellor Prof Puleng LenkaBula’s appointment declared unlawful and unconstitutional.
The Application
Papers filed before the High Court in Pretoria also seek to nullify the 2024 decision to extend her tenure. Xani has lobbied the court to order a fresh, lawful appointment process in line with the Higher Education Act.
Xani has been relentless in allegations of corruption against the vice-chancellor, including that she was unlawfully appointed to the position and does not hold the title of professor.
LenkaBula is the second respondent in the matter, in which Xani has cited over 20 respondents, including senior university officials and Higher Education Minister Buti Manamela.
The Broader Class
“This application is brought not only in my own interest, but also on behalf of a broader class of affected persons whose rights and legitimate expectations have been severely compromised by the governance failures at Unisa,” he said in his founding affidavit.
Xani added that these constituencies, including students, have been directly prejudiced by the collapse of governance and administration at Unisa.
“Many have experienced delayed graduations, lost academic records, missing marks, maladministration and the looming risk of compromised accreditation.”
Unisa’s Legal Crackdown
Unisa has recently intensified its legal crackdown on detractors, including Xani, that it accuses of damaging its reputation, securing interdicts and contempt orders in multiple cases.
Last month, one individual, Mogaile Mogashoa , was jailed for six months after being found in contempt of a court order.
Xani received a suspended sentence of 60 days’ imprisonment or a R50,000 fine, conditional on compliance with an earlier interdict.
The court ordered Xani to retract statements and apologise to the university and LenkaBula. His appeal, heard on 3 March 2026, was dismissed with costs.
Whistle-blower Victimisation
Xani claims Unisa officials instigated his arrest, but the matter was later withdrawn due to lack of evidence, and he was excluded from convocation and institutional governance processes.
“These actions form a pattern of victimisation of whistle-blowers at Unisa, a pattern confirmed by the independent assessor’s report and supported by several complaints from staff, students and unions.”
The University’s Response
A notice of motion to oppose the application has been filed, but Unisa spokesperson Thomas Huma would not confirm it, saying: “You are welcome to get the papers from the court as this is in the public domain.”
The Bottom Line
A former student says the vice-chancellor’s appointment was unlawful. The university has cracked down on its detractors. The court will now decide.
The governance failures at Unisa are under the spotlight. And the legal battle is far from over.
