Bulane v Lerotholi Polytechnic (C of A (CIV) 8 of 8) [2008] LSCA 16 (17 October 2008)

Regulation 22.3 requires that all continuous assessment scores be considered in determining a student's overall average, unless there is adequate reason to disregard a particular test for the entire class. The appellant's average, when all scores are considered, is below the required minimum, so she failed the continuous assessment component.

Citation: [2008] LSCA 16
Parties: Appellant: `Matiisetso Bulane; Respondent: Lerotholi Polytechnic
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 17 October 2008
Case Number: C of A (CIV) 8 of 8
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Student Assessment, Interpretation of Academic Regulations, Judicial Review of Academic Decisions
Source Language: English

Education Law Administrative Law Student Assessment Interpretation of Academic Regulations Judicial Review of Academic Decisions

Case Brief

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Parties

`Matiisetso Bulane

Appellant

Lerotholi Polytechnic

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the regulations require all continuous assessment scores to be considered or only the best three
2 Whether the instructor has discretion to select which scores to count for continuous assessment
3 Whether the appellant passed the continuous assessment component under the applicable regulations

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

The appeal is dismissed with costs.
The appellant is to pay the costs of the application to file additional grounds of appeal.