South Africa Case Law

Faleti v University of South Africa and Others (12846/2020)

Faleti v University of South Africa and Others (12846/2020) [2021] ZAGPPHC 482 (27 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

12846/2020

Judge

M.M.D. Lenyai

The court found that the applicant failed to exhaust the internal remedies provided by the University of South Africa for academic complaints before approaching the High Court. The university's decisions constitute administrative action under PAJA, and judicial review is only available after internal remedies are exhausted. The applicant did not follow the prescribed procedure under PAJA and Rule 53 of the Uniform Rules of Court. The authorities are clear that a university is governed by administrative law, and the applicant's failure to comply with the required process rendered his applicati…

Source excerpt

• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• University Degree Conferral
• Judicial Review Procedure

Makwela v University of Limpopo and Another (4384/2017)

Makwela v University of Limpopo and Another (4384/2017) [2018] ZALMPPHC 2 (6 February 2018)

Court

Limpopo High Court, Polokwane

Case number

4384/2017

Judge

M.G Phatudi

The High Court set aside the University of Limpopo’s refusal to confer a BA (Communication Studies) on the applicant, holding the refusal irrational and retrospectively unfair.

• Promotion Of Administrative Justice Act
• Legitimate Expectation
• Retrospective Application Of Rules
• Right To Education
• University Degree Conferral
• Legitimate-expectation