South Africa Case Law

Maxwele v University of Cape Town (18555/2019)

Maxwele v University of Cape Town (18555/2019) [2020] ZAWCHC 188 (8 December 2020)

Court

Western Cape High Court, Cape Town

Case number

18555/2019

Judge

M J Dolamo

The disciplinary tribunal was not properly constituted after the student assessor withdrew at the outset of the hearing. The university's rules required the tribunal to consist of a Proctor and two assessors for serious breaches, and proceedings must start afresh if both assessors are unavailable. The Proctor misapplied Rule DJP 5.6 by continuing with only one assessor, rendering the proceedings invalid. While the applicant did not expressly request legal representation, the seriousness of the charges and his evident lack of understanding should have prompted the Proctor to advise him to seek…

Source excerpt

• University Disciplinary Procedure
• Procedural Fairness
• Legal Representation
• Composition Of Tribunal
• Expulsion
• Restorative Justice

Bolanga v Refugee Status Determination Officer and Others (5027/2012)

Bolanga v Refugee Status Determination Officer and Others (5027/2012) [2015] ZAKZDHC 13 (24 February 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

5027/2012

Judge

GH Penzhorn

The High Court reviewed and set aside asylum refusals, held the Refugee Appeal Board was improperly constituted, and declared the applicant a refugee entitled to asylum.

• Refugees Act
• Review Of Administrative Action
• Procedural Fairness
• Composition Of Tribunal
• Language Rights
• Refugee-law