Phurutshi v Tshwane University of Technology and Others [2023] ZAGPPHC 413; 38947/2022 (23 May 2023)

Phurutshi v Tshwane University of Technology and Others [2023] ZAGPPHC 413; 38947/2022 (23 May 2023)

The court found that the GMC's decision to re-run the election for the non-Senate academic employee representative was based on a perceived violation of the Policy on Electronic Communications, which was later disproved by an internal investigation. The review application was unopposed, and the fifth respondent,...

Source-derived case information.

Citation
[2023] ZAGPPHC 413
Parties
Applicant: Mashitishi Benson Phurutshi; Respondent: Tshwane University of Technology; Respondent: Tilson Manyoni N. O; Respondent: Avhashoni Michael Mushaathoni N. O; Respondent: Vusi N Mgwenya N. O; Respondent: Cyril Mnisi N. O; Respondent: Mokgwai Thato Maboko N. O; Respondent: Zamikaya Mapundu N. O; Respondent: Ntsie Attorneys, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 May 2023
Case Number
38947/2022
Procedural Posture
Review Application / Reasons for Order Following Upliftment of Suspension and Reinstatement of Declaratory Order
Outcome
The suspension of the declaratory order was uplifted, the original order reinstated, and the fifth respondent ordered to pay costs occasioned by the suspension.
Judges
N Davis
Legal Topics
Review of Administrative Action, Failure to Comply With Court Order, Election Dispute, Costs Award
Administrative Law Civil Procedure Review of Administrative Action Failure to Comply With Court Order Election Dispute Costs Award

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Parties

Mashitishi Benson Phurutshi

Applicant

Tshwane University of Technology

Respondent

Tilson Manyoni N. O

Respondent

Avhashoni Michael Mushaathoni N. O

Respondent

Vusi N Mgwenya N. O

Respondent

Cyril Mnisi N. O

Respondent

Mokgwai Thato Maboko N. O

Respondent

Zamikaya Mapundu N. O

Respondent

Ntsie Attorneys, Pretoria

Respondent

Procedural Posture

Review Application / Reasons for Order Following Upliftment of Suspension and Reinstatement of Declaratory Order

Legal Issues

  1. 1 Whether the decision of the Governance and Council Membership Committee to re-run the election for the non-Senate academic employee representative was reviewable.
  2. 2 Whether the suspension of the declaratory order should be uplifted and the original order reinstated.
  3. 3 Whether the fifth respondent should be liable for costs occasioned by the suspension.

Ratio Decidendi

The court found that the GMC's decision to re-run the election for the non-Senate academic employee representative was based on a perceived violation of the Policy on Electronic Communications, which was later disproved by an internal investigation. The review application was unopposed, and the fifth respondent, despite being granted an indulgence to file answering affidavits, failed to do so within the agreed timeframe and did not provide substantive grounds for opposition or demonstrate any prejudice. The interests of justice and fairness to all parties required that the suspension of the declaratory order be uplifted and the original order reinstated. The fifth respondent was ordered...

Court Disposition

The suspension of the declaratory order was uplifted, the original order reinstated, and the fifth respondent ordered to pay costs occasioned by the suspension.

Orders

  • The decision taken by the Governance and Council Membership Committee of the first respondent’s Council on or about 23 June 2022 to re-run the elections for the vacant position of the representative of non-Senate academic employees on Council is reviewed and set aside.
  • There is no order as to costs for the initial review.