Walter Sisulu University v Gwele (CA33/2015) [2015] ZAECMHC 68 (23 September 2015)

Walter Sisulu University v Gwele (CA33/2015) [2015] ZAECMHC 68 (23 September 2015)

The court held that the respondent had not completed the compulsory computer literacy modules required for the B Comm Economics degree, as established by the evidence of the appellant's officials and the applicable statutory and institutional rules. The appellant's decision not to confer the degree was an administrative action that stood until set aside by judicial review under PAJA. The respondent did not seek such review, and therefore was not entitled to the relief sought, including an interdict and mandamus. The application should have been dismissed, and the appeal was upheld.

Citation
[2015] ZAECMHC 68
Parties
Appellant: Walter Sisulu University; Respondent: Sinazo Gwele
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
23 September 2015
Case Number
CA33/2015
Procedural Posture
Civil Appeal / Appeal From Order of Single Judge; Leave Granted by Supreme Court of Appeal
Outcome
Appeal upheld; application dismissed; costs awarded to appellant for appeal and leave applications, but each party to pay own costs for the application in the court a quo.
Judges
Bloem, Pakade, Roberson
Legal Topics
Promotion of Administrative Justice Act, Judicial Review, Final Interdict, Higher Education Act, Mandamus
Administrative Law Civil Procedure Promotion of Administrative Justice Act Judicial Review Final Interdict Higher Education Act Mandamus

Case Brief

Summary, issues, holding and outcome

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Parties

Walter Sisulu University

Appellant

Sinazo Gwele

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Single Judge; Leave Granted by Supreme Court of Appeal

Legal Issues

  1. 1 Whether the respondent met all requirements for the conferment of the B Comm Economics degree.
  2. 2 Whether the appellant's decision not to confer the degree was subject to judicial review under PAJA.
  3. 3 Whether the respondent was entitled to an interdict and mandamus without first reviewing the appellant's decision.

Ratio Decidendi

The court held that the respondent had not completed the compulsory computer literacy modules required for the B Comm Economics degree, as established by the evidence of the appellant's officials and the applicable statutory and institutional rules. The appellant's decision not to confer the degree was an administrative action that stood until set aside by judicial review under PAJA. The respondent did not seek such review, and therefore was not entitled to the relief sought, including an interdict and mandamus. The application should have been dismissed, and the appeal was upheld.

Court Disposition

Appeal upheld; application dismissed; costs awarded to appellant for appeal and leave applications, but each party to pay own costs for the application in the court a quo.

Orders

  • The appeal is upheld with costs, including costs of the application for leave to appeal to the court a quo and the Supreme Court of Appeal.
  • The order of the court a quo is set aside and replaced with: 'The application is dismissed with each party to pay her or its own costs of the application.'