N.T.M and Another v Vice Chancellor and Principal, University of the Witwaterstrand (7895/2022) [2023] ZAGPJHC 789 (13 July 2023)

N.T.M and Another v Vice Chancellor and Principal, University of the Witwaterstrand (7895/2022) [2023] ZAGPJHC 789 (13 July 2023)

The application is dismissed because the relief sought is substantially identical to that previously dismissed by G Meyer AJ, and the doctrine of res judicata applies. The applicants' arguments regarding non-joinder and lack of authority are unfounded; the Vice-Chancellor and relevant officials were joined and participated, and the legal principles confirm that authority to depose is not required. No valid grounds for rescission or setting aside the previous order have been established. The judge also finds no reasonable apprehension of bias requiring recusal. Costs follow the result.

Citation
[2023] ZAGPJHC 789
Parties
Applicant: N T M; Applicant: T M; Respondent: Vice Chancellor and Principal, University of the Witwatersrand; Respondent: Deputy Vice Chancellor: System and Operations: University of the Witwatersrand; Respondent: Dean, Faculty of Humanities, University of the Witwatersrand; Respondent: Meshack Ndoro; Respondent: Gafieda Pylman; Respondent: Sindisile Moolman; Respondent: Cassim Hill; Respondent: Ayanda Zwane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 July 2023
Case Number
7895/2022
Procedural Posture
Urgent Application / Third Urgent Application Seeking Interim Relief and Rescission of Previous Order
Outcome
Application dismissed with costs.
Judges
S Budlender
Legal Topics
Res Judicata, Joinder of Parties, Authority to Depose, Urgent Interim Relief
Civil Procedure Res Judicata Joinder of Parties Authority to Depose Urgent Interim Relief

Case Brief

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Parties

N T M

Applicant

T M

Applicant

Vice Chancellor and Principal, University of the Witwatersrand

Respondent

Deputy Vice Chancellor: System and Operations: University of the Witwatersrand

Respondent

Dean, Faculty of Humanities, University of the Witwatersrand

Respondent

Meshack Ndoro

Respondent

Gafieda Pylman

Respondent

Sindisile Moolman

Respondent

Cassim Hill

Respondent

Ayanda Zwane

Respondent

Procedural Posture

Urgent Application / Third Urgent Application Seeking Interim Relief and Rescission of Previous Order

Legal Issues

  1. 1 Whether the applicants are entitled to interim relief compelling the University to allow Ms M to graduate and register for honours despite outstanding fees.
  2. 2 Whether the previous order by G Meyer AJ is invalid due to alleged non-joinder and lack of authority.
  3. 3 Whether the doctrine of res judicata precludes the relief sought in this application.

Ratio Decidendi

The application is dismissed because the relief sought is substantially identical to that previously dismissed by G Meyer AJ, and the doctrine of res judicata applies. The applicants' arguments regarding non-joinder and lack of authority are unfounded; the Vice-Chancellor and relevant officials were joined and participated, and the legal principles confirm that authority to depose is not required. No valid grounds for rescission or setting aside the previous order have been established. The judge also finds no reasonable apprehension of bias requiring recusal. Costs follow the result.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.