Nkasa and Others v Walter Sisulu University and Another Registrar and Another (2527/2017) [2017] ZAECMHC 23 (11 July 2017)

Nkasa and Others v Walter Sisulu University and Another Registrar and Another (2527/2017) [2017] ZAECMHC 23 (11 July 2017)

The court found that the applicants were not formally admitted to Walter Sisulu University as required by the university's admission and registration policies, which stipulate that written notification from the Registrar is necessary for registration. The endorsement by the Departmental Head was not definitive and did not confer admission. The applicants failed to demonstrate that the university's policies were unlawful or not followed. Their expectation to be registered was not objectively legitimate, as it was based on internal communications and practices that did not override the formal requirements. The refusal to register was not irrational, unconstitutional, or procedurally unfair,...

Citation
[2017] ZAECMHC 23
Parties
Applicant: Xola Nkasa; Applicant: Siyanda Eugin Dhlamini; Applicant: Mihle Ndzibomvu; Applicant: Awodwa Ndukuda; Applicant: Cwayita Didiza; Applicant: Athini Luswazi; Applicant: Phumla Fili; Applicant: Afikile Dalasa; Applicant: Sizolwenkosi Memela; Applicant: Mosuli Ndzanya; Respondent: Walter Sisulu University; Respondent: The Registrar, Walter Sisulu University
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
11 July 2017
Case Number
2527/2017
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
S M Mbenenge
Legal Topics
Promotion of Administrative Justice Act, Legitimate Expectation, Procedural Fairness, University Admission, Mandamus
Administrative Law Promotion of Administrative Justice Act Legitimate Expectation Procedural Fairness University Admission Mandamus

Case Brief

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Parties

Xola Nkasa

Applicant

Siyanda Eugin Dhlamini

Applicant

Mihle Ndzibomvu

Applicant

Awodwa Ndukuda

Applicant

Cwayita Didiza

Applicant

Athini Luswazi

Applicant

Phumla Fili

Applicant

Afikile Dalasa

Applicant

Sizolwenkosi Memela

Applicant

Mosuli Ndzanya

Applicant

Walter Sisulu University

Respondent

The Registrar, Walter Sisulu University

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the refusal to register the applicants as students at Walter Sisulu University was unlawful.
  2. 2 Whether the applicants had a legitimate expectation to be registered based on internal endorsements and university practice.
  3. 3 Whether the university's admission and registration policies were followed and lawful.

Ratio Decidendi

The court found that the applicants were not formally admitted to Walter Sisulu University as required by the university's admission and registration policies, which stipulate that written notification from the Registrar is necessary for registration. The endorsement by the Departmental Head was not definitive and did not confer admission. The applicants failed to demonstrate that the university's policies were unlawful or not followed. Their expectation to be registered was not objectively legitimate, as it was based on internal communications and practices that did not override the formal requirements. The refusal to register was not irrational, unconstitutional, or procedurally unfair,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.