Ayabulela v Lilitha College of Nursing and Another (EL 500/2022) [2022] ZAECELLC 24 (8 September 2022)

Ayabulela v Lilitha College of Nursing and Another (EL 500/2022) [2022] ZAECELLC 24 (8 September 2022)

The court found that the applicant had no legal entitlement to access her special examination script or to a further remark, as the College's assessment policy expressly prohibits such actions. The applicant had already been afforded a special re-assessment opportunity, and her failure was final. The urgency claimed...

Source-derived case information.

Citation
[2022] ZAECELLC 24
Parties
Applicant: Nanise Ayabulela; Respondent: Lilitha College of Nursing; Respondent: The Member of the Executive Council for Health, Eastern Cape Provincial Government
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
8 September 2022
Case Number
EL 500/2022
Procedural Posture
Urgent Application / Final Hearing on Urgent Application
Outcome
Application dismissed with costs.
Judges
Hartle
Legal Topics
Mandamus, Student Assessment Policy, Final Interdict, Urgency, Fair Administrative Action
Administrative Law Civil Procedure Mandamus Student Assessment Policy Final Interdict Urgency Fair Administrative Action

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Parties

Nanise Ayabulela

Applicant

Lilitha College of Nursing

Respondent

The Member of the Executive Council for Health, Eastern Cape Provincial Government

Respondent

Procedural Posture

Urgent Application / Final Hearing on Urgent Application

Legal Issues

  1. 1 Whether the applicant is entitled to access her special examination script and a further remark.
  2. 2 Whether the applicant is entitled to a further re-write of the failed module.
  3. 3 Whether the matter is urgent and justifies urgent relief.

Ratio Decidendi

The court found that the applicant had no legal entitlement to access her special examination script or to a further remark, as the College's assessment policy expressly prohibits such actions. The applicant had already been afforded a special re-assessment opportunity, and her failure was final. The urgency claimed was unfounded, as she was not registered as a fourth year student and the timing of the practical exams was irrelevant. The requirements for a final interdict were not met, as there was no clear right or injury, and an adequate remedy existed in the form of re-sitting the failed module. The court held that the applicant had abused the urgent process and dismissed the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.