Mbuthuma and Another v Walter Sisulu University and Others (3621/2019) [2019] ZAECMHC 79; 2020 (4) SA 602 (ECM) (21 November 2019)

Mbuthuma and Another v Walter Sisulu University and Others (3621/2019) [2019] ZAECMHC 79; 2020 (4) SA 602 (ECM) (21 November 2019)

The court held that the applicants' suspension constituted administrative action as defined in PAJA, given that the University is a juristic person exercising public power under enabling legislation. Accordingly, the applicants were required to bring their review application under PAJA, not the principle of legality. The applicants failed to demonstrate exceptional circumstances warranting judicial intervention in the disciplinary process, nor did they show that the University failed to comply with its own regulations in effecting the suspension. The court found that the applicants were afforded an opportunity to make representations prior to suspension and that the decision to suspend...

Citation
[2019] ZAECMHC 79
Parties
Applicant: Zandise Mbuthuma; Applicant: Zukolwethu Mbhoza; Respondent: Walter Sisulu University; Respondent: The Vice Chancellor – Walter Sisulu University; Respondent: The Director of Student Affairs; Respondent: Dr PS Jaca – The Acting Campus Rector Mthatha Campus, Walter Sisulu University
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
21 November 2019
Case Number
3621/2019
Procedural Posture
Review Application / Final Judgment on Application for Review and Interdictory Relief
Outcome
Application dismissed; no order as to costs.
Judges
H S Toni
Legal Topics
Promotion of Administrative Justice Act, University Student Discipline, Suspension and Hearing Rights, Principle of Legality, Judicial Review Pathways
Administrative Law Civil Procedure Promotion of Administrative Justice Act University Student Discipline Suspension and Hearing Rights Principle of Legality Judicial Review Pathways

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 15 Party arguments 2
Sign in to unlock

Parties

Zandise Mbuthuma

Applicant

Zukolwethu Mbhoza

Applicant

Walter Sisulu University

Respondent

The Vice Chancellor – Walter Sisulu University

Respondent

The Director of Student Affairs

Respondent

Dr PS Jaca – The Acting Campus Rector Mthatha Campus, Walter Sisulu University

Respondent

Procedural Posture

Review Application / Final Judgment on Application for Review and Interdictory Relief

Legal Issues

  1. 1 Whether the applicants' suspension from Walter Sisulu University was unlawful, unconstitutional, and irrational.
  2. 2 Whether the applicants were entitled to a pre-suspension hearing.
  3. 3 Whether the application should have been brought under PAJA or the principle of legality.

Ratio Decidendi

The court held that the applicants' suspension constituted administrative action as defined in PAJA, given that the University is a juristic person exercising public power under enabling legislation. Accordingly, the applicants were required to bring their review application under PAJA, not the principle of legality. The applicants failed to demonstrate exceptional circumstances warranting judicial intervention in the disciplinary process, nor did they show that the University failed to comply with its own regulations in effecting the suspension. The court found that the applicants were afforded an opportunity to make representations prior to suspension and that the decision to suspend...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There shall be no order as to costs.