Melane v Deputy Registrar: Governance & Legal Services of Fort Hare University and (264/2022) [2023] ZAECBHC 19 (8 August 2023)

Melane v Deputy Registrar: Governance & Legal Services of Fort Hare University and (264/2022) [2023] ZAECBHC 19 (8 August 2023)

The court found that the issues at hand related to the applicant's right to education under section 29 of the Constitution and the principle of legality or just administrative action. The founding affidavit relied on sections 29 and 33 of the Constitution, and the interim relief sought was to prevent ongoing infringement of these rights. The matter was therefore properly located in a constitutional setting and qualified as a genuine constitutional challenge. The court considered whether any exceptions to the Biowatch rule applied, such as frivolous or vexatious litigation or improper conduct. It found that the applicant's challenge was not frivolous, vexatious, or brought in bad faith,...

Citation
[2023] ZAECBHC 19
Parties
Applicant: Yamkela Melane; Respondent: Deputy Registrar: Governance & Legal Services of Fort Hare University; Respondent: Chairperson of the Disciplinary Committee of the University of Fort Hare; Respondent: Chairperson of the Disciplinary Appeals Committee of the University of Fort Hare; Respondent: Vice Chancellor of the University of Fort Hare; Respondent: Dean of Students of the University of Fort Hare; Respondent: Registrar of the University of Fort Hare
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
8 August 2023
Case Number
264/2022
Procedural Posture
Urgent Application / Costs Determination Following Interim and Final Relief Orders
Outcome
Costs order: Each party to pay its own costs, including in respect of the Part A proceedings.
Judges
Govindjee
Legal Topics
Right to Education, Biowatch Costs Rule, Disciplinary Proceedings, Interim Relief, Just Administrative Action
Constitutional Law Civil Procedure Right to Education Biowatch Costs Rule Disciplinary Proceedings Interim Relief Just Administrative Action

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 4 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Yamkela Melane

Applicant

Deputy Registrar: Governance & Legal Services of Fort Hare University

Respondent

Chairperson of the Disciplinary Committee of the University of Fort Hare

Respondent

Chairperson of the Disciplinary Appeals Committee of the University of Fort Hare

Respondent

Vice Chancellor of the University of Fort Hare

Respondent

Dean of Students of the University of Fort Hare

Respondent

Registrar of the University of Fort Hare

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Interim and Final Relief Orders

Legal Issues

  1. 1 Whether the Biowatch rule applies to costs in litigation between a university student and the university regarding disciplinary proceedings.
  2. 2 Whether the applicant's challenge qualifies as a genuine constitutional issue warranting protection from adverse costs.
  3. 3 Whether any exceptions to the Biowatch rule, such as frivolous or vexatious litigation or improper conduct, justify a departure from the general rule.

Ratio Decidendi

The court found that the issues at hand related to the applicant's right to education under section 29 of the Constitution and the principle of legality or just administrative action. The founding affidavit relied on sections 29 and 33 of the Constitution, and the interim relief sought was to prevent ongoing infringement of these rights. The matter was therefore properly located in a constitutional setting and qualified as a genuine constitutional challenge. The court considered whether any exceptions to the Biowatch rule applied, such as frivolous or vexatious litigation or improper conduct. It found that the applicant's challenge was not frivolous, vexatious, or brought in bad faith,...

Court Disposition

Costs order: Each party to pay its own costs, including in respect of the Part A proceedings.

Orders

  • The implementation of the Disciplinary Appeals Committee’s finding dated 14 March 2022 is suspended pending completion of the applicant’s 2023 academic year.
  • Pending the implementation of the DAC’s finding, the applicant is allowed to continue as a student at the University of Fort Hare on the following basis: (a) permitted to continue studies via online learning, off-campus only; (b) may only attend campus with prior written approval of the first respondent, which will...