SANTS Private Higher Education Institution v The Chairperson of the Higher Education Quality Committee of the Council on Higher Education (51588/2015) [2015] ZAGPPHC 791 (20 October 2015)

SANTS Private Higher Education Institution v The Chairperson of the Higher Education Quality Committee of the Council on Higher Education (51588/2015) [2015] ZAGPPHC 791 (20 October 2015)

The court found that the decision of the Higher Education Quality Committee to withdraw accreditation of SANTS' B.Ed Programmes was made in ignorance of material facts, specifically the true recommendation of Dr Govender, which was incorrectly recorded and not properly considered by the committee. The committee minutes contained mistakes that were passed on to the HEQC, resulting in a decision based on erroneous information. The doctrine of legality and the right to just administrative action require that such decisions be made on the basis of true facts. Consequently, the decision was unlawful and must be reviewed and set aside. The court determined that a just and equitable remedy...

Citation
[2015] ZAGPPHC 791
Parties
Applicant: SANTS Private Higher Education Institution (Pty) Ltd; Respondent: The Chairperson of the Higher Education Quality Committee of the Council on Higher Education; Respondent: The Registrar: Private Higher Education Institutions; Respondent: The South African Qualifications Authority; Respondent: The Council on Higher Education; Respondent: The Minister of Higher Education and Training; Respondent: The MEC of the Department of Education of KwaZulu-Natal
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 October 2015
Case Number
51588/2015
Procedural Posture
Review Application / Final Judgment on Urgent Review Application
Outcome
Application granted. The decision to withdraw accreditation is reviewed and set aside; matter remitted for reconsideration with directions for engagement and interim interdict.
Judges
D S Fourie
Legal Topics
Promotion of Administrative Justice Act, Material Error of Fact, Accreditation of Educational Programmes, Just and Equitable Remedy
Administrative Law Civil Procedure Promotion of Administrative Justice Act Material Error of Fact Accreditation of Educational Programmes Just and Equitable Remedy

Case Brief

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Parties

SANTS Private Higher Education Institution (Pty) Ltd

Applicant

The Chairperson of the Higher Education Quality Committee of the Council on Higher Education

Respondent

The Registrar: Private Higher Education Institutions

Respondent

The South African Qualifications Authority

Respondent

The Council on Higher Education

Respondent

The Minister of Higher Education and Training

Respondent

The MEC of the Department of Education of KwaZulu-Natal

Respondent

Procedural Posture

Review Application / Final Judgment on Urgent Review Application

Legal Issues

  1. 1 Whether the decision of the Higher Education Quality Committee to withdraw accreditation of SANTS' B.Ed Programmes was unlawful due to a material error of fact.
  2. 2 Whether the withdrawal of accreditation was unreasonable and disproportionate.
  3. 3 What constitutes a just and equitable remedy in the context of administrative review of accreditation decisions.

Ratio Decidendi

The court found that the decision of the Higher Education Quality Committee to withdraw accreditation of SANTS' B.Ed Programmes was made in ignorance of material facts, specifically the true recommendation of Dr Govender, which was incorrectly recorded and not properly considered by the committee. The committee minutes contained mistakes that were passed on to the HEQC, resulting in a decision based on erroneous information. The doctrine of legality and the right to just administrative action require that such decisions be made on the basis of true facts. Consequently, the decision was unlawful and must be reviewed and set aside. The court determined that a just and equitable remedy...

Court Disposition

Application granted. The decision to withdraw accreditation is reviewed and set aside; matter remitted for reconsideration with directions for engagement and interim interdict.

Orders

  • The decision of the Higher Education Quality Committee dated 10 June 2015 withdrawing accreditation of SANTS' B.Ed Programmes is reviewed and set aside.
  • The decision whether the B.Ed Programmes should remain accredited is remitted to the Council on Higher Education for reconsideration, subject to SANTS submitting a plan for modifying delivery and content by 15 December 2015.