Maseru — Suspended National University of Lesotho (NUL) Pro-Vice Chancellor (PVC), Professor Kananelo Mosito demands that the university avails authenticated NUL Council resolutions, minutes, delegations, terms of references and instruments relied upon as authority for the appointment of Active Forensics, approval of its terms of references, adoption or receipt of its final report to the Court of Appeal.

Professor Mosito has filed an affidavit in the Appeal court against the NUL council following his second suspension that was triggered by his re-calling suspended Registrar, Ms. Liteboho Maqalika-Lerotholi.

In his affidavit, Mosito lists first to sixth respondents as the NUL Council, Professor Motlatsi Molati who acted as the Vice-Chancellor and later appointed as the Acting PVC, the Council’s Chairperson, Dr. Khabele Matlosa, Director Legal Advocate Mamello Makau, Dr. Lipalesa Mathe who is currently Acting Registrar, and Mr. Dick Makoetlane, respectively.
The respondents, from second to sixth are also sued in their personal capacities.

In his prayers, Mosito wants the Apex Court to declare that the conduct undertaken after the September judgement, including the ‘’purported’’ resolutions of September 23, the suspension communicated on September 24 and the disciplinary process initiated on October 01, insofar as they prevent, inhibit, penalise or purport to neutralize his exercise of the functions of Acting Vice-Chancellor, constitute continued non-compliance of the order of June 01 and September 14.

He further wants the court to declare that the September 24 suspension is inconsistent with and in breach of the subsisting orders of the Court and accordingly of no force or effect insofar as it purports to prevent him from his functions of Acting Vice-Chancellor.

Another prayer is that the court also declares that the disciplinary notice and disciplinary proceedings initiated on October 01, insofar as they arise from, seek to enforce, punish resistance to, or give effect to the purported suspension of September 24, constitute impermissible circumvention of the orders of the Court and may not lawfully be implemented or relied upon for that purpose.

Furthermore, he wants the court to declare that no disciplinary charge may lawfully treat as misconduct his refusal to give effect to a purported administrative suspension which conflicts with an extant order of the Court, or his continued performance of functions which the court has ordered the respondents to permit him to perform.

Mosito also wants the report styled ‘’Investigation into Mismanagement, Misgovernance and Misconduct: Pro-Vice Chancellor Associate Professor Kananelo Mosito’’ has no legal force or effect capable of varying, suspending, qualifying, or defeating the orders of the Court.

The affidavit also states that the respondents have failed to comply with the court order of June 01 by preventing him from exercising the functions of Acting Vice-Chancellor upon the vacancy arising by appointing another person to that office, and attempting to terminate his appointment as PVC. Efforts to obtain a comment from Chairman of the Council have been futile.