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South Africa Case Law

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Administrative Law [2024] ZAECELLC 2

Abenta v Walter Sisulu University (EL743/2023)

Abenta v Walter Sisulu University (EL743/2023) [2024] ZAECELLC 2 (8 February 2024)

The High Court reviewed and set aside Walter Sisulu University’s refusal to postpone disciplinary proceedings, finding the process procedurally unfair and expelling the student.

  • Promotion Of Administrative Justice Act
  • Procedural Fairness
  • Disciplinary Proceedings
  • Student Rights
  • Postponement Of Hearing
  • Administrative-law
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Administrative Law [2023] ZAKZDHC 19

Ndlovu and Others v Mangosuthu University of Technology and Others (D8841/2022)

Ndlovu and Others v Mangosuthu University of Technology and Others (D8841/2022) [2023] ZAKZDHC 19 (28 April 2023)

The court found that the applicants failed to establish that the challenged sections of the university’s general rules and disciplinary code were unconstitutional or unlawful. The suspensions and expulsions were effected in accordance with the university’s disciplinary procedures, which provide for precautionary suspension and do not require prior opportunity to make representations. There is no general constitutional right to legal representation at disciplinary hearings, but the presiding officer retains discretion to allow it in serious or complex cases. The applicants did not demonstrate…

  • Promotion Of Administrative Justice Act
  • Disciplinary Procedure
  • Student Rights
  • Constitutional Invalidity
  • Right To Education
  • Procedural Fairness
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.