South Africa Case Law

Mnqandi v Walter Sisulu University and Others (440/2024)

Mnqandi v Walter Sisulu University and Others (440/2024) [2024] ZAECMHC 40 (28 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

440/2024

Judge

L. Rusi

The Court found that admission and registration at the University are distinct processes, with registration subject to space availability and a first come first served basis as set out in the University's prospectus. The applicant failed to produce written notification from the Registrar specifying the terms and date of her admission, and did not prove that the University's offer was irrevocable or kept open for a specific period. The evidence showed that the applicant was one of many admitted students competing for limited spaces, and her acceptance and payment occurred after the course was…

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• Specific Performance
• Breach Of Contract
• Right To Further Education
• University Admission Policy
• Urgent Interdict
• Progressive Realisation

National Student Financial Aid Scheme v Moloi and Others (574/2022)

National Student Financial Aid Scheme v Moloi and Others (574/2022) [2024] ZASCA 66; [2024] 3 All SA 86 (SCA); 2024 (6) SA 422 (SCA) (3 May 2024)

Court

Supreme Court of Appeal

Case number

574/2022

Judges

Dambuza, Hughes, Mabindla-Boqwana, Goosen, Molefe

The Supreme Court of Appeal held that the determination of eligibility criteria for NSFAS funding, including the exclusion of postgraduate LLB degrees, was an exercise of executive power and not administrative action subject to PAJA. The decision was rationally connected to the purpose of the NSFAS Act, namely to provide financial aid to first-time undergraduate students, especially in light of budgetary constraints exacerbated by the COVID-19 pandemic and economic decline. The respondents did not meet the eligibility criteria under the 2021 guidelines and had no legitimate expectation of fun…

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• Policy Formulation
• Legitimate Expectation
• Procedural Fairness
• Rationality Review
• National Student Financial Aid Scheme Act
• Right To Further Education

Minister of Justice and Correctional Services and others v Ntuli (539/2020)

Minister of Justice and Correctional Services and others v Ntuli (539/2020) [2023] ZASCA 146; [2024] 1 All SA 333 (SCA); 2024 (1) SACR 227 (SCA) (8 November 2023)

Court

Supreme Court of Appeal

Case number

539/2020

Judges

Dambuza, Meyer, Matojane, Goosen, Unterhalter

The Supreme Court of Appeal held that the Department of Correctional Services' policy prohibiting prisoners from using personal computers in their cells constitutes an unjustified infringement of the right to further education under section 29(1)(b) of the Constitution. The blanket prohibition fails to consider the necessity of computer access for certain courses and does not meet the standard of demonstrable justification required by section 36. The security concerns advanced by the appellants were speculative and unsupported by evidence of incremental risk. The Court further found that the…

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• Right To Further Education
• Unfair Discrimination
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Prisoners Rights
• Limitation Of Rights
• Delegated Legislation

Mbana v Walter Sisulu University and Others (846/2023)

Mbana v Walter Sisulu University and Others (846/2023) [2023] ZAECMHC 9 (7 March 2023)

Court

Eastern Cape High Court, Mthatha

Case number

846/2023

Judge

M S Jolwana

The court found that the applicant was admitted to the Bachelor of Laws degree and was given a clear three-day period to accept the offer. He accepted the offer promptly and complied with all conditions, including payment and submission of proof. The university's conduct in allocating his space to another student before the expiry of the acceptance period was contrary to the explicit terms of the admission letter and amounted to a breach of contract. The university failed to prove that the applicant's acceptance was late or that he was dilatory. The court held that the university's actions vi…

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• Right To Further Education
• Breach Of Contract
• University Admissions
• Section 29 Constitution
• Urgent Interdict
• Contractual Interpretation

South African Navy and Another v Tebeila Institute of Leadership, Education, Governance and Training (252/2019)

South African Navy and Another v Tebeila Institute of Leadership, Education, Governance and Training (252/2019) [2021] ZASCA 23; [2021] 6 BLLR 555 (SCA); (2021) 42 ILJ 1431 (SCA) (19 March 2021)

Court

Supreme Court of Appeal

Case number

252/2019

Judges

Petse, Mbha, Mbatha, Goosen, Unterhalter

The Supreme Court of Appeal upheld a challenge to a ruling against Navy age limits for MSDS recruitment, finding the policy was not unfair discrimination.

• Unfair Discrimination
• Right To Equality
• Age Based Employment Policy
• Right To Further Education
• Bill Of Rights Obligations
• Unfair-discrimination

Tebeila Institute of Leadership Education, Government and Training v Limpopo College of Nursing and Another (1173/2014)

Tebeila Institute of Leadership Education, Government and Training v Limpopo College of Nursing and Another (1173/2014) [2014] ZALMPPHC 1 (27 August 2014)

Court

Limpopo High Court, Polokwane

Case number

1173/2014

Judge

Makgoba

The High Court held that Limpopo College of Nursing’s policy barring applicants who finished matric more than three years earlier was unconstitutional and invalid.

• Right To Further Education
• Unfair Discrimination
• Admission Policy
• Bill Of Rights Limitation
• Unfair-discrimination
• Right-to-further-education