Madlongolwana and Another v Walter Sisulu University and Others (484/2016) [2016] ZAECMHC 5 (10 March 2016)

Madlongolwana and Another v Walter Sisulu University and Others (484/2016) [2016] ZAECMHC 5 (10 March 2016)

The court found that the Department of Law at Walter Sisulu University lawfully increased the admissions point score for the LLB programme in accordance with the admissions policy approved by Council and Senate. The second applicant was not a 'returning student' and his application for admission in 2016 was correctly assessed under the current criteria. The applicants failed to demonstrate a clear right to relief or that the decision was ultra vires or unlawful. The claim of unfair discrimination was not substantiated, and the High Court lacked jurisdiction to grant relief under the Promotion of Equality and Prevention of Unfair Discrimination Act, as it was not designated as an equality...

Citation
[2016] ZAECMHC 5
Parties
Applicant: Zolile Godfrey Madlongolwana; Applicant: Gcinabantu Sivuyise Madlongolwana; Respondent: Walter Sisulu University; Respondent: Prof Khaya Mfenyana; Respondent: Mr Makhaya Maphinda; Respondent: Prof Patterson Makiwane
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
10 March 2016
Case Number
484/2016
Procedural Posture
Urgent Application / Final Determination After Exchange of Affidavits; Opposed Application
Outcome
Application dismissed with costs.
Judges
RWN Brooks
Legal Topics
University Admissions Policy, Ultra Vires, Unfair Discrimination, Constitutional Subsidiarity, Final Interdict, Urgent Application Procedure
Administrative Law Constitutional Law Civil Procedure University Admissions Policy Ultra Vires Unfair Discrimination Constitutional Subsidiarity Final Interdict +1 more

Case Brief

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Parties

Zolile Godfrey Madlongolwana

Applicant

Gcinabantu Sivuyise Madlongolwana

Applicant

Walter Sisulu University

Respondent

Prof Khaya Mfenyana

Respondent

Mr Makhaya Maphinda

Respondent

Prof Patterson Makiwane

Respondent

Procedural Posture

Urgent Application / Final Determination After Exchange of Affidavits; Opposed Application

Legal Issues

  1. 1 Whether the Department of Law at Walter Sisulu University acted unlawfully or ultra vires in increasing the admissions point score for the LLB programme.
  2. 2 Whether the refusal to admit the second applicant to the LLB programme was discriminatory, unconstitutional, or unlawful.
  3. 3 Whether the applicants are entitled to a final interdict or mandatory relief compelling admission.

Ratio Decidendi

The court found that the Department of Law at Walter Sisulu University lawfully increased the admissions point score for the LLB programme in accordance with the admissions policy approved by Council and Senate. The second applicant was not a 'returning student' and his application for admission in 2016 was correctly assessed under the current criteria. The applicants failed to demonstrate a clear right to relief or that the decision was ultra vires or unlawful. The claim of unfair discrimination was not substantiated, and the High Court lacked jurisdiction to grant relief under the Promotion of Equality and Prevention of Unfair Discrimination Act, as it was not designated as an equality...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.