Gungqa and Others v Lilitha College of Nursing and Others (EL365/2018) [2019] ZAECELLC 16 (9 July 2019)

Gungqa and Others v Lilitha College of Nursing and Others (EL365/2018) [2019] ZAECELLC 16 (9 July 2019)

The court found that neither the Eastern Cape Act nor the Nursing Act expressly or impliedly empowered the College to cancel the applicants' registrations after admission, except for disciplinary reasons. The College was functus officio after admitting the applicants and allowing them to attend classes and write tests. Any cancellation of registration in such circumstances would be oppressive and have far-reaching prejudicial consequences for the applicants. The College should have sought judicial sanction for the cancellation, allowing the court to consider just and equitable remedies. The decision to cancel the applicants' registrations was therefore set aside.

Citation
[2019] ZAECELLC 16
Parties
Applicant: Philasanda Gungqa; Applicant: Yamkela Mbunde; Applicant: Noziqoqo Ntame; Applicant: Cebolakhe Sukwana; Applicant: Ntombizanele Mzola; Applicant: Soyiso Sogwedla; Applicant: Zanele Koyana; Applicant: Ayanda Yoyo; Applicant: Amkelwe Nini; Respondent: Lilitha College of Nursing; Respondent: The Acting Principal: Lilitha College of Nursing; Respondent: The East London Campus Head Lilitha College of Nursing; Respondent: The MEC: Department of Health
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
9 July 2019
Case Number
EL365/2018
Procedural Posture
Review Application / Final Judgment on Review Application
Outcome
Application granted. The decision to cancel the applicants' registrations is set aside. Costs awarded against respondents.
Judges
Smith
Legal Topics
Implied Powers of Administrative Bodies, Functus Officio, Review of Administrative Action, Audi Alteram Partem, Just and Equitable Remedy
Administrative Law Civil Procedure Implied Powers of Administrative Bodies Functus Officio Review of Administrative Action Audi Alteram Partem Just and Equitable Remedy

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Parties

Philasanda Gungqa

Applicant

Yamkela Mbunde

Applicant

Noziqoqo Ntame

Applicant

Cebolakhe Sukwana

Applicant

Ntombizanele Mzola

Applicant

Soyiso Sogwedla

Applicant

Zanele Koyana

Applicant

Ayanda Yoyo

Applicant

Amkelwe Nini

Applicant

Lilitha College of Nursing

Respondent

The Acting Principal: Lilitha College of Nursing

Respondent

The East London Campus Head Lilitha College of Nursing

Respondent

The MEC: Department of Health

Respondent

Procedural Posture

Review Application / Final Judgment on Review Application

Legal Issues

  1. 1 Whether the College had implied authority to cancel the applicants' registrations after admission.
  2. 2 Whether the College was functus officio after admitting the applicants.
  3. 3 Whether the cancellation of registration required judicial sanction.

Ratio Decidendi

The court found that neither the Eastern Cape Act nor the Nursing Act expressly or impliedly empowered the College to cancel the applicants' registrations after admission, except for disciplinary reasons. The College was functus officio after admitting the applicants and allowing them to attend classes and write tests. Any cancellation of registration in such circumstances would be oppressive and have far-reaching prejudicial consequences for the applicants. The College should have sought judicial sanction for the cancellation, allowing the court to consider just and equitable remedies. The decision to cancel the applicants' registrations was therefore set aside.

Court Disposition

Application granted. The decision to cancel the applicants' registrations is set aside. Costs awarded against respondents.

Orders

  • The decision taken by the first respondent on 31 May 2019 to cancel the applicants' registrations for the four year nursing course is set aside.
  • The respondents are ordered to pay the costs of the application, jointly and severally, including the costs occasioned by the employment of two counsel.