Raphahlela and Another v University of the Western Cape and Others (23182/2017) [2020] ZAWCHC 95 (26 August 2020)
The court found that the university failed to comply with its own statute regarding the eligibility to vote in the Convocation elections. The statute required members to notify the secretary in advance of their intention to vote, but the university allowed all attendees at the AGM to vote, materially deviating from the prescribed process. This deviation was not justified by council resolutions or the desire to increase participation, as the proper course would have been to amend the statute. The court rejected challenges based on the editing of CVs and restrictions on campaigning, finding no evidence of unfairness or targeted disadvantage. The allegations against the Fifth Respondent, a...
- Citation
- [2020] ZAWCHC 95
- Parties
- Applicant: Sinazo Raphahlela; Applicant: Sihle Masika; Respondent: University of the Western Cape; Respondent: Council: University of the Western Cape; Respondent: Registrar: University of the Western Cape; Respondent: Rector: University of the Western Cape; Respondent: Judge Nathan Erasmus; Respondent: Rev. Llewellyn MacMaster; Respondent: Professor Brian Williams; Respondent: Songezo Maqula; Respondent: Steven Charles; Respondent: Clive Hendricks
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Judgment Date
- 26 August 2020
- Case Number
- 23182/2017
- Procedural Posture
- Review Application / Judgment
- Outcome
- Application granted in part; UWC Convocation elections of 3 June 2017 declared unlawful and set aside prospectively. Costs apportioned as specified.
- Judges
- N J Kollapen
- Legal Topics
- Legality Principle, University Statute Interpretation, Election Review, Procedural Fairness, Judicial Ethics
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sinazo Raphahlela
Applicant
Sihle Masika
Applicant
University of the Western Cape
Respondent
Council: University of the Western Cape
Respondent
Registrar: University of the Western Cape
Respondent
Rector: University of the Western Cape
Respondent
Judge Nathan Erasmus
Respondent
Rev. Llewellyn MacMaster
Respondent
Professor Brian Williams
Respondent
Songezo Maqula
Respondent
Steven Charles
Respondent
Clive Hendricks
Respondent
Procedural Posture
Review Application / Judgment
Legal Issues
- 1 Whether the UWC Convocation elections held on 3 June 2017 were conducted in accordance with the university statute.
- 2 Whether the eligibility for participation in the elections complied with statutory requirements.
- 3 Whether the elections were free and fair.
Ratio Decidendi
The court found that the university failed to comply with its own statute regarding the eligibility to vote in the Convocation elections. The statute required members to notify the secretary in advance of their intention to vote, but the university allowed all attendees at the AGM to vote, materially deviating from the prescribed process. This deviation was not justified by council resolutions or the desire to increase participation, as the proper course would have been to amend the statute. The court rejected challenges based on the editing of CVs and restrictions on campaigning, finding no evidence of unfairness or targeted disadvantage. The allegations against the Fifth Respondent, a...
Court Disposition
Application granted in part; UWC Convocation elections of 3 June 2017 declared unlawful and set aside prospectively. Costs apportioned as specified.
Orders
- The UWC Convocation elections held on 3 June 2017 are declared unlawful and set aside.
- This order is prospective and does not affect the validity of council decisions made before the date of this order.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment