2.3 The role of ombuds office at ucT

CPUT

2.3 THE rolE of THE ombudS officE aT ucT

ms Zetu makamandela-mguqulwa

ucT ombudS

ombud’s offices at universities, which are funded by the dHET, can have an important role to play in relation to transformation. ucT is one of only eight South african universities with an ombud’s office and it is recommended that the dHET, with the support of the better-resourced higher education institutions, should push for the other universities to establish such offices. at ucT: • Academic, support staff and students are encouraged to approach the ombud if they are dissatisfied with how institutional polices are being implemented, or if they feel they have been treated unfairly and/or their rights have been violated. • The ombud reports to the Chair of the university council and is independent in her handling of complaints, which are treated in confidence. • The work of an ombud can be highly sensitive, often touching on issues of mental health among complainants, as well as entrenched bias within systems.

in this regard, it is crucial not only that the ombud operates independently, but that they are seen to do so without fear or favour. no one at the institution should be able to say that the ombud is “my friend”.

Part of an ombud’s mandate includes the following: • Engaging in institutional policymaking. • May provide negative feedback to complainants alleging that policies have not been followed and that they have received unfair treatment. • Not all incidents are covered by institutional policies. in particular, policies are unlikely to cover issues that have not previously arisen. However, at the same time, precedent may be used in some cases to defend the status quo unfairly. in this regard, precedent may be used to oppose an ombud’s recommendations for organisational and/or behavioural change. for example, a student may complain that the mark they have received is too low (and is effectively denying them access to a job upon graduation), but the department responds that it cannot adjust the mark on the basis that such condonation contravenes established policy. • However, further investigation into past custom and practice, including through the registrar’s office, reveals that there have been condonations in the past. on this basis and in this case, the department is forced to reverse its decision and grant condonation since it is evidently only fair.