Nyume and Another v Walter Sisulu University and Others (580/19) [2019] ZAECMHC 12 (20 February 2019)

Nyume and Another v Walter Sisulu University and Others (580/19) [2019] ZAECMHC 12 (20 February 2019)

The court held that it was precluded from considering the merits of the application for an interlocutory interdict due to the non-joinder of other students registered for the degree in question. These students have a direct and substantial interest in the outcome, and any order granted would materially affect their rights. The application was not brought as a class action nor founded on constitutional provisions, but rather on contract. Until the necessary parties are joined, the court cannot proceed to determine the substantive issues. Costs were awarded against the applicants for the opposed hearing.

Citation
[2019] ZAECMHC 12
Parties
Applicant: Olwethu Nyume & Another; Respondent: Walter Sisulu University & 16 Others
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
20 February 2019
Case Number
580/19
Procedural Posture
Urgent Application / Interlocutory Application for Interim Interdict; Ex Tempore Judgment
Outcome
Application postponed sine die pending joinder of necessary parties; costs awarded against applicants for the opposed hearing.
Judges
Mbenenge JP
Legal Topics
Joinder of Parties, Interlocutory Interdict, Accreditation of Educational Programmes, Contractual Relationship
Administrative Law Civil Procedure Joinder of Parties Interlocutory Interdict Accreditation of Educational Programmes Contractual Relationship

Case Brief

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Parties

Olwethu Nyume & Another

Applicant

Walter Sisulu University & 16 Others

Respondent

Procedural Posture

Urgent Application / Interlocutory Application for Interim Interdict; Ex Tempore Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to an interlocutory interdict restraining the university from offering a non-accredited degree.
  2. 2 Whether the application can be entertained in the absence of joinder of all affected students.
  3. 3 Whether the applicants have established the requisites for interim relief.

Ratio Decidendi

The court held that it was precluded from considering the merits of the application for an interlocutory interdict due to the non-joinder of other students registered for the degree in question. These students have a direct and substantial interest in the outcome, and any order granted would materially affect their rights. The application was not brought as a class action nor founded on constitutional provisions, but rather on contract. Until the necessary parties are joined, the court cannot proceed to determine the substantive issues. Costs were awarded against the applicants for the opposed hearing.

Court Disposition

Application postponed sine die pending joinder of necessary parties; costs awarded against applicants for the opposed hearing.

Orders

  • Applicants are directed to serve the application papers on all unjoined students registered for the degree within ten days.
  • The application is postponed sine die pending joinder of the outstanding parties.