Leoko and Another v North West University and Others (UM196/2020) [2020] ZANWHC 56 (12 October 2020)

Leoko and Another v North West University and Others (UM196/2020) [2020] ZANWHC 56 (12 October 2020)

The court found that the NWU Council did not have the power to unilaterally amend the SRC Constitution or its schedules without following the prescribed procedures set out in the SRC Constitution and the Institutional Statute. Section 32(2)(c) of the Higher Education Act requires consultation with the SRC before any amendment to its composition, and the SRC Constitution provides a clear process for amendments, which was not followed. The Council's actions undermined the autonomy and integrity of the SRC and violated the principle of legality. The first applicant lacked locus standi as he was not a registered student at the time of the application, while the second applicant, being a...

Citation
[2020] ZANWHC 56
Parties
Applicant: Tshepo Leoko; Applicant: Ontuetste Tshesebe; Respondent: North West University; Respondent: Independent Student’s Electoral Commission; Respondent: Theophilus Seepamore; Respondent: Thabang Tlale; Respondent: Students’ Campus Council (Mahikeng Campus); Respondent: Chamone Fourie; Respondent: Tinotendo Mavengahama; Respondent: Student’s Representative Council (NWU)
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 October 2020
Case Number
UM196/2020
Procedural Posture
Urgent Application / Judgment
Outcome
First applicant's application dismissed with costs; second applicant's application granted with declaratory and mandatory relief.
Judges
Gura
Legal Topics
Higher Education Act, Student Governance, Locus Standi, Principle of Legality, Constitutional Democracy, Election Procedure
Administrative Law Civil Procedure Constitutional Law Higher Education Act Student Governance Locus Standi Principle of Legality Constitutional Democracy +1 more

Case Brief

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Parties

Tshepo Leoko

Applicant

Ontuetste Tshesebe

Applicant

North West University

Respondent

Independent Student’s Electoral Commission

Respondent

Theophilus Seepamore

Respondent

Thabang Tlale

Respondent

Students’ Campus Council (Mahikeng Campus)

Respondent

Chamone Fourie

Respondent

Tinotendo Mavengahama

Respondent

Student’s Representative Council (NWU)

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the University Council had the power to amend the composition of the SRC without following the prescribed procedures.
  2. 2 Whether the amendments to Schedule 2 of the SRC Constitution were lawful and consistent with the Higher Education Act.
  3. 3 Whether the first applicant had locus standi to bring the application.

Ratio Decidendi

The court found that the NWU Council did not have the power to unilaterally amend the SRC Constitution or its schedules without following the prescribed procedures set out in the SRC Constitution and the Institutional Statute. Section 32(2)(c) of the Higher Education Act requires consultation with the SRC before any amendment to its composition, and the SRC Constitution provides a clear process for amendments, which was not followed. The Council's actions undermined the autonomy and integrity of the SRC and violated the principle of legality. The first applicant lacked locus standi as he was not a registered student at the time of the application, while the second applicant, being a...

Court Disposition

First applicant's application dismissed with costs; second applicant's application granted with declaratory and mandatory relief.

Orders

  • The application by the first applicant is dismissed with costs.
  • The application by the second applicant is heard as an urgent application and non-compliance with rules is condoned.