Makhubele and Another v University of the Witwatersrand and Others (7895/2022) [2023] ZAGPJHC 609 (31 May 2023)

Makhubele and Another v University of the Witwatersrand and Others (7895/2022) [2023] ZAGPJHC 609 (31 May 2023)

The court found that the University acted lawfully in refusing to allow the second applicant to graduate and register for further studies due to unpaid student fees. The applicants failed to establish a prima facie or clear right to the relief sought, as both the Higher Education Act and the University's internal statutes and rules require payment of all outstanding fees as a condition for graduation and registration. The University was not obliged to accept alternative forms of payment or cession of a court order, and its refusal was neither irrational nor unreasonable. The applicants had an alternative remedy, as the University offered that the second applicant could graduate and...

Citation
[2023] ZAGPJHC 609
Parties
Applicant: Nathaniel Tsakani Makhubele; Applicant: Tsakani Makhubele; Respondent: University of the Witwatersrand; Respondent: Vice Chancellor and Principal University of the Witwatersrand; Respondent: Deputy Vice Chancellor: Systems and Operations University of the Witwatersrand; Respondent: Dean, Faculty of Humanities, University of the Witwatersrand; Respondent: Misheck Ndoro; Respondent: Gafieda Pylman; Respondent: Sindisile Moolman; Respondent: Cassim Hill; Respondent: Ayanda Zwane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 May 2023
Case Number
7895/2022
Procedural Posture
Urgent Application / Application for Urgent Interdict and Related Relief; Part a Dismissed, Part B Postponed
Outcome
Application dismissed; costs awarded against the applicants.
Judges
G Meyer
Legal Topics
Interdictory Relief, University Student Fees, Acknowledgment of Debt, Higher Education Act, Internal Statutes, Urgent Application Requirements
Civil Procedure Administrative Law Interdictory Relief University Student Fees Acknowledgment of Debt Higher Education Act Internal Statutes Urgent Application Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nathaniel Tsakani Makhubele

Applicant

Tsakani Makhubele

Applicant

University of the Witwatersrand

Respondent

Vice Chancellor and Principal University of the Witwatersrand

Respondent

Deputy Vice Chancellor: Systems and Operations University of the Witwatersrand

Respondent

Dean, Faculty of Humanities, University of the Witwatersrand

Respondent

Misheck Ndoro

Respondent

Gafieda Pylman

Respondent

Sindisile Moolman

Respondent

Cassim Hill

Respondent

Ayanda Zwane

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Related Relief; Part a Dismissed, Part B Postponed

Legal Issues

  1. 1 Whether the University acted lawfully in refusing to allow the second applicant to graduate and register due to unpaid student fees.
  2. 2 Whether the applicants established a prima facie or clear right to the relief sought.
  3. 3 Whether the University was obliged to accept alternative forms of payment or cession of a court order in settlement of student fees.

Ratio Decidendi

The court found that the University acted lawfully in refusing to allow the second applicant to graduate and register for further studies due to unpaid student fees. The applicants failed to establish a prima facie or clear right to the relief sought, as both the Higher Education Act and the University's internal statutes and rules require payment of all outstanding fees as a condition for graduation and registration. The University was not obliged to accept alternative forms of payment or cession of a court order, and its refusal was neither irrational nor unreasonable. The applicants had an alternative remedy, as the University offered that the second applicant could graduate and...

Court Disposition

Application dismissed; costs awarded against the applicants.

Orders

  • Part A of the application is dismissed.
  • Applicants are ordered to pay the costs of Part A of the application jointly and severally on the party and party scale.