University of Limpopo v Kusainda (Leave to Appeal) (11854/2023) [2024] ZALMPPHC 154 (24 October 2024)

University of Limpopo v Kusainda (Leave to Appeal) (11854/2023) [2024] ZALMPPHC 154 (24 October 2024)

The court found that the applicant failed to establish reasonable prospects of success on appeal. The university's right to self-review was limited to cases of non-disclosure, which was not present, and did not justify unilateral termination of studies. The termination letter did not substantiate the grounds relied upon, and the respondent was denied procedural fairness by not being given an opportunity to address the university. The decisions in question constituted administrative action subject to review under PAJA, not merely contractual matters. Declaratory relief was warranted as the respondent remained eligible for examination and needed to be enrolled pending completion of the...

Citation
[2024] ZALMPPHC 154
Parties
Applicant: University of Limpopo; Respondent: Dickiel Kusainda; Applicant: Dickiel Kusainda; Respondent: University of Limpopo
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
24 October 2024
Case Number
11854/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal or Full Court
Outcome
Leave to appeal is refused with costs, including costs of two counsel on Scale C.
Judges
Bresler
Legal Topics
Promotion of Administrative Justice Act, Procedural Fairness, Review of University Decisions, Declaratory Relief, Costs Award
Administrative Law Civil Procedure Promotion of Administrative Justice Act Procedural Fairness Review of University Decisions Declaratory Relief Costs Award

Case Brief

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Parties

University of Limpopo

Applicant

Dickiel Kusainda

Respondent

Dickiel Kusainda

Applicant

University of Limpopo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal or Full Court

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the judgment setting aside the university's decisions.
  2. 2 Whether the university's right to self-review justified the termination of the respondent's studies.
  3. 3 Whether the university's actions constituted administrative action subject to review under PAJA.

Ratio Decidendi

The court found that the applicant failed to establish reasonable prospects of success on appeal. The university's right to self-review was limited to cases of non-disclosure, which was not present, and did not justify unilateral termination of studies. The termination letter did not substantiate the grounds relied upon, and the respondent was denied procedural fairness by not being given an opportunity to address the university. The decisions in question constituted administrative action subject to review under PAJA, not merely contractual matters. Declaratory relief was warranted as the respondent remained eligible for examination and needed to be enrolled pending completion of the...

Court Disposition

Leave to appeal is refused with costs, including costs of two counsel on Scale C.

Orders

  • Leave to appeal is refused.
  • The applicant is ordered to pay the costs of the application, including the costs of two counsel, where so employed, on Scale C.