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South Africa Case Law

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Civil Procedure [2024] ZAECMHC 40

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…

Source excerpt

  • Specific Performance
  • Breach Of Contract
  • Right To Further Education
  • University Admission Policy
  • Urgent Interdict
  • Progressive Realisation
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Constitutional Law [2017] ZACC 38

Harrielall v University of KwaZulu-Natal (CCT100/17)

Harrielall v University of KwaZulu-Natal (CCT100/17) [2017] ZACC 38; 2018 (1) BCLR 12 (CC) (31 October 2017)

Court
Constitutional Court
Case number
CCT 100/17
Judges
Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court held that the University properly applied its admission policy and the applicant was not admitted because other candidates were more qualified. The review of the University's decision constituted a constitutional issue, as it involved the right to administrative justice under PAJA and the right to access further education under section 29(1)(b) of the Constitution. The High Court and Supreme Court of Appeal erred in awarding costs against the applicant, as the Biowatch principle should have applied to shield her from adverse costs orders in constitutional litigation a…

Source excerpt

  • Right To Education
  • Review Of Administrative Action
  • Biowatch Costs Principle
  • Access To Further Education
  • University Admission Policy
  • Promotion Of Administrative Justice Act
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.