Dyanti v Rhodes University and Others (1604A/18) [2020] ZAECGHC 34 (26 March 2020)

Dyanti v Rhodes University and Others (1604A/18) [2020] ZAECGHC 34 (26 March 2020)

The court found that the disciplinary proceedings against the applicant were conducted in accordance with the Rhodes University Student Disciplinary Code and the requirements of PAJA. The applicant was afforded legal representation and opportunities to participate, but withdrew from the proceedings voluntarily. The University had jurisdiction to discipline students for common law crimes under its Code and the Higher Education Act. The Proctor's conduct did not give rise to a reasonable apprehension of bias, and the refusal to postpone the hearing was justified by the need to conclude proceedings within the academic year. The applicant failed to exercise her internal review rights within...

Citation
[2020] ZAECGHC 34
Parties
Applicant: Yolanda Dyantyi; Respondent: Rhodes University; Respondent: Sizwe Mabizela N.O.; Respondent: Wayne Hutchinson N.O.
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
26 March 2020
Case Number
1604A/18
Procedural Posture
Review Application / Judgment After Opposed Review Application
Outcome
Application for review dismissed with costs.
Judges
Nhlangulela
Legal Topics
Promotion of Administrative Justice Act, Procedural Fairness, Bias and Impartiality, Internal Review Rights, Disciplinary Proceedings, Proportionality of Sanction
Administrative Law Civil Procedure Promotion of Administrative Justice Act Procedural Fairness Bias and Impartiality Internal Review Rights Disciplinary Proceedings Proportionality of Sanction

Case Brief

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Parties

Yolanda Dyantyi

Applicant

Rhodes University

Respondent

Sizwe Mabizela N.O.

Respondent

Wayne Hutchinson N.O.

Respondent

Procedural Posture

Review Application / Judgment After Opposed Review Application

Legal Issues

  1. 1 Whether the disciplinary proceedings and decisions of Rhodes University, through its Proctor, were procedurally fair and rational under PAJA.
  2. 2 Whether the applicant was denied her right to legal representation and internal review.
  3. 3 Whether the Proctor was biased or reasonably suspected of bias.

Ratio Decidendi

The court found that the disciplinary proceedings against the applicant were conducted in accordance with the Rhodes University Student Disciplinary Code and the requirements of PAJA. The applicant was afforded legal representation and opportunities to participate, but withdrew from the proceedings voluntarily. The University had jurisdiction to discipline students for common law crimes under its Code and the Higher Education Act. The Proctor's conduct did not give rise to a reasonable apprehension of bias, and the refusal to postpone the hearing was justified by the need to conclude proceedings within the academic year. The applicant failed to exercise her internal review rights within...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.