Morudu v University of the Free State (5797/2022) [2023] ZAFSHC 415 (20 October 2023)

Morudu v University of the Free State (5797/2022) [2023] ZAFSHC 415 (20 October 2023)

The court found that the applicant had complied with all academic requirements for the diploma before the accreditation lapsed. The respondent's interpretation of the Higher Education Act was incorrect, as the legislation did not extinguish the applicant's vested right to the qualification. The court held that the relevant statutory provisions should be interpreted prospectively, and that the applicant's right to the diploma was not affected by the subsequent lapse of accreditation. The respondent conceded that qualifications registered on the NQF remain valid even after their registration period ends, and thus the diploma could still be conferred. The court rejected the respondent's...

Citation
[2023] ZAFSHC 415
Parties
Applicant: Jonah Morudu; Respondent: University of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 October 2023
Case Number
5797/2022
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application granted with costs.
Judges
Mhlambi
Legal Topics
Higher Education Act, Accreditation of Qualifications, Joinder of Parties, Retrospective Application of Statutes
Administrative Law Civil Procedure Higher Education Act Accreditation of Qualifications Joinder of Parties Retrospective Application of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Jonah Morudu

Applicant

University of the Free State

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to be awarded the diploma in Construction Science and Building Surveying despite the qualification's accreditation having lapsed.
  2. 2 Whether the respondent is lawfully prevented from conferring the diploma due to the Higher Education Act and related statutory frameworks.
  3. 3 Whether the failure to join the Minister of Higher Education, the Council on Higher Education, and SAQA constitutes a material non-joinder.

Ratio Decidendi

The court found that the applicant had complied with all academic requirements for the diploma before the accreditation lapsed. The respondent's interpretation of the Higher Education Act was incorrect, as the legislation did not extinguish the applicant's vested right to the qualification. The court held that the relevant statutory provisions should be interpreted prospectively, and that the applicant's right to the diploma was not affected by the subsequent lapse of accreditation. The respondent conceded that qualifications registered on the NQF remain valid even after their registration period ends, and thus the diploma could still be conferred. The court rejected the respondent's...

Court Disposition

Application granted with costs.

Orders

  • The respondent is ordered to perform all acts necessary to confer and bestow upon the applicant, at its next graduation ceremony or at such other time as may be convenient, the Diploma in Construction Science and Building Surveying.
  • The respondent is ordered to issue to the applicant a Diploma confirming completion and qualification for conferral.