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South Africa decisions
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Morudu v University of the Free State (5797/2022) [2024] ZAFSHC 248 (20 August 2024)
The High Court granted leave to appeal to the full bench in a dispute over an order compelling the University of the Free State to confer a diploma.
Educor Holdings (Pty) Ltd and Others v Director-General of Higher Education and Another (043233/2024) [2024] ZAGPPHC 556 (20 May 2024)
The court found that the applicants failed to demonstrate urgency as required by Rule 6(12). The cancellation decision was taken on 31 July 2023, and the applicants did not challenge it timeously or at all. The subsequent removal from the register on 17 March 2024 was a procedural step perfecting the earlier decision and did not have independent practical effect. The applicants did not provide reasons why substantial redress could not be afforded in the ordinary course, and the alleged harm to learners was not substantiated, as they were given time until the end of the academic year. The cour…
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Morudu v University of the Free State (5797/2022) [2023] ZAFSHC 415 (20 October 2023)
The court found that the applicant had complied with all academic requirements for the diploma before the accreditation lapsed. The respondent's interpretation of the Higher Education Act was incorrect, as the legislation did not extinguish the applicant's vested right to the qualification. The court held that the relevant statutory provisions should be interpreted prospectively, and that the applicant's right to the diploma was not affected by the subsequent lapse of accreditation. The respondent conceded that qualifications registered on the NQF remain valid even after their registration pe…
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Makhubele and Another v University of the Witwatersrand and Others (7895/2022) [2023] ZAGPJHC 609 (31 May 2023)
The High Court dismissed an urgent bid to compel Wits to let a student graduate and re-register despite unpaid fees and an unsigned debt arrangement.
Manaka v University of the Witwaterstrand (021837/2023) [2023] ZAGPJHC 252 (22 March 2023)
Urgent application by a medical student for interim re-registration was struck off for lack of urgency after the court found no prima facie right.
Mohuba v University of Limpopo (4754/2019) [2021] ZALMPPHC 77 (27 October 2021)
The High Court upheld a special plea and refused to order the University of Limpopo to confer a doctorate on a deregistered student.
Economic Freedom Fighters Student Command v Minister of Higher Education, Science & Technology and Others (7641/21) [2021] ZAGPPHC 205 (11 March 2021)
The High Court set aside UNISA and ministerial decisions to cut UNISA's 2021 FTEN intake by 20,000, holding the Minister acted ultra vires.
Leoko and Another v North West University and Others (UM196/2020) [2020] ZANWHC 56 (12 October 2020)
The court held that NWU unlawfully amended SRC-related provisions without following the prescribed process, but dismissed the first applicant for lack of standing.
Afriforum and Another v Chairperson of the Council of the University of Pretoria and Others (54451/2016) [2016] ZAGPPHC 1030; [2017] 1 All SA 832 (GP) (15 December 2016)
The court found that the University of Pretoria's Senate and Council had properly considered all relevant factors, including constitutional and statutory requirements, demographic changes, declining demand for Afrikaans tuition, and the need for social cohesion and transformation. The decision to adopt English as the sole language of instruction was reached after a thorough, transparent process and was consistent with section 29(2) of the Constitution. The court held that the concept of 'reasonably practicable' is context-sensitive and includes considerations of equity, practicability, and re…
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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.
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