Moela and Another v Vice Chancellor: University of the Witwatersdand and Others (3399/2022) [2022] ZAGPJHC 51 (7 February 2022)

Moela and Another v Vice Chancellor: University of the Witwatersdand and Others (3399/2022) [2022] ZAGPJHC 51 (7 February 2022)

The applicants failed to establish that their dispossession was unlawful. The University acted pursuant to a valid misconduct ruling, after following due process under its rules and the Higher Education Act. The applicants were not registered students for the 2022 academic year, had not applied for accommodation, and were in breach of University rules. The rooms had been allocated to other bona fide students. The University was empowered to exclude and evict the applicants, and its conduct was not unlawful. The requirements for spoliatory relief were not met, and the application was dismissed.

Citation
[2022] ZAGPJHC 51
Parties
Applicant: Lerato Moela; Applicant: Lehlohonolo Peega; Respondent: Vice Chancellor: University of the Witwatersdand; Respondent: Director of Residence Life: University of the Witwatersdand; Respondent: Acting Cluster Manager, West Campus: University of the Witwatersdand; Respondent: Director of Protection Services: University of the Witwatersdand; Respondent: Dean of Students: University of the Witwatersdand
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 February 2022
Case Number
3399/2022
Procedural Posture
Urgent Application / Final Relief Sought on Urgent Basis
Outcome
Application dismissed with costs, including costs of two counsel where employed.
Judges
EF Dippenaar
Legal Topics
Spoliation, Unlawful Eviction, Mandament Van Spolie, University Residence Rules
Civil Procedure Land and Property Spoliation Unlawful Eviction Mandament Van Spolie University Residence Rules

Case Brief

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Parties

Lerato Moela

Applicant

Lehlohonolo Peega

Applicant

Vice Chancellor: University of the Witwatersdand

Respondent

Director of Residence Life: University of the Witwatersdand

Respondent

Acting Cluster Manager, West Campus: University of the Witwatersdand

Respondent

Director of Protection Services: University of the Witwatersdand

Respondent

Dean of Students: University of the Witwatersdand

Respondent

Procedural Posture

Urgent Application / Final Relief Sought on Urgent Basis

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed of their campus residence and possessions.
  2. 2 Whether the applicants were entitled to restoration of possession under the mandament van spolie.
  3. 3 Whether the University acted unlawfully in evicting the applicants from student accommodation.

Ratio Decidendi

The applicants failed to establish that their dispossession was unlawful. The University acted pursuant to a valid misconduct ruling, after following due process under its rules and the Higher Education Act. The applicants were not registered students for the 2022 academic year, had not applied for accommodation, and were in breach of University rules. The rooms had been allocated to other bona fide students. The University was empowered to exclude and evict the applicants, and its conduct was not unlawful. The requirements for spoliatory relief were not met, and the application was dismissed.

Court Disposition

Application dismissed with costs, including costs of two counsel where employed.

Orders

  • The application is dismissed with costs, including the costs of two counsel where so employed.
  • The parties are to provide copies of the judgment and the application papers to the Legal Practice Council and the Johannesburg Society of Advocates for consideration.