Minister of Education and Training and Others v Ndlovu (114/1991) [1992] ZASCA 179; 1993 (1) SA 89 (AD); [1993] 1 All SA 269 (A) (28 September 1992)

Minister of Education and Training and Others v Ndlovu (114/1991) [1992] ZASCA 179; 1993 (1) SA 89 (AD); [1993] 1 All SA 269 (A) (28 September 1992)

The Supreme Court of Appeal held that the regulations did not empower the Director-General to act against a group of candidates as an entity without regard to individual guilt or without affording each candidate a hearing. The expression 'group of candidates' in the regulations refers to individuals sharing a common...

Source-derived case information.

Citation
[1992] ZASCA 179
Parties
Appellant: Minister of Education and Training; Appellant: Director-General, Department of Education and Training; Appellant: Principal, Durban Finishing School; Respondent: Pinky Primrose Ndlovu
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 1992
Case Number
114/1991
Procedural Posture
Civil Appeal / Appeal From the Durban and Coast Local Division
Outcome
Appeal dismissed with costs.
Judges
Botha, Kumleben, Goldstone, Nicholas, Harms
Legal Topics
Audi Alteram Partem, Natural Justice, Regulations Under Education Act, Group Sanctions, Procedural Fairness
Administrative Law Audi Alteram Partem Natural Justice Regulations Under Education Act Group Sanctions Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Minister of Education and Training

Appellant

Director-General, Department of Education and Training

Appellant

Principal, Durban Finishing School

Appellant

Pinky Primrose Ndlovu

Respondent

Procedural Posture

Civil Appeal / Appeal From the Durban and Coast Local Division

Legal Issues

  1. 1 Whether the Director-General was entitled to cancel the respondent's examination result without affording her a hearing.
  2. 2 Whether the regulations empowered the Director-General to act against a group of candidates irrespective of individual guilt.
  3. 3 Whether the audi alteram partem principle applies to group sanctions under the relevant regulations.

Ratio Decidendi

The Supreme Court of Appeal held that the regulations did not empower the Director-General to act against a group of candidates as an entity without regard to individual guilt or without affording each candidate a hearing. The expression 'group of candidates' in the regulations refers to individuals sharing a common attribute, such as prior knowledge of the examination paper, but does not justify depriving innocent candidates of their rights without an opportunity to be heard. The audi alteram partem principle applies, and the Director-General was obliged to give effect to it before taking prejudicial action. The decision to cancel the respondent's examination result without affording her...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellants are ordered to pay the costs.