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South Africa Case Law

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Administrative Law [2023] ZANWHC 175

Tlale v North West University and Others (UM157/2022)

Tlale v North West University and Others (UM157/2022) [2023] ZANWHC 175 (21 September 2023)

The High Court set aside a university disciplinary sanction and related election disqualification after finding the student was not properly informed of reasons or review rights.

  • University Disciplinary Procedure
  • Review Of Administrative Action
  • Urgent Interdict
  • Procedural Irregularity
  • University-disciplinary-procedure
  • Student-election-disqualification
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Administrative Law [2020] ZAWCHC 188

Maxwele v University of Cape Town (18555/2019)

Maxwele v University of Cape Town (18555/2019) [2020] ZAWCHC 188 (8 December 2020)

The disciplinary tribunal was not properly constituted after the student assessor withdrew at the outset of the hearing. The university's rules required the tribunal to consist of a Proctor and two assessors for serious breaches, and proceedings must start afresh if both assessors are unavailable. The Proctor misapplied Rule DJP 5.6 by continuing with only one assessor, rendering the proceedings invalid. While the applicant did not expressly request legal representation, the seriousness of the charges and his evident lack of understanding should have prompted the Proctor to advise him to seek…

  • University Disciplinary Procedure
  • Procedural Fairness
  • Legal Representation
  • Composition Of Tribunal
  • Expulsion
  • Restorative Justice
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Administrative Law [2018] ZAWCHC 152

Van der Ross v University of Cape Town and Another (8473/2018)

Van der Ross v University of Cape Town and Another (8473/2018) [2018] ZAWCHC 152 (15 November 2018)

The High Court reviewed and set aside a university proctor’s refusal of external legal representation, finding that expulsion was a possible sanction.

  • Promotion Of Administrative Justice Act
  • University Disciplinary Procedure
  • External Legal Representation
  • Procedural Fairness
  • Administrative-law
  • Judicial-review
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Administrative Law [2010] ZAGPPHC 178

Fakude v University of Pretoria (28989/10)

Fakude v University of Pretoria (28989/10) [2010] ZAGPPHC 178 (24 August 2010)

The court granted an interim interdict restoring a University of Pretoria law student pending review, finding procedural unfairness and a strong prima facie case.

  • University Disciplinary Procedure
  • Procedural Fairness
  • Right To Education
  • Interim Interdict
  • Legal Representation
  • Legitimate Expectation
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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.