The High Court in Makhanda has ruled that University of Fort Hare acted unlawfully when it deregistered Oscar Mabuyane from its Master of Public Administration programme.
Judge Lindiwe Rusi handed down the judgment on Thursday, finding that the university’s decision was unconstitutional, invalid and should be set aside.
Mabuyane was removed from the master’s programme in March 2021 after the university senate withdrew his registration. He later approached the High Court, seeking to have the decision overturned.
In her ruling, Rusi ordered that the matter be referred back to the university for a fresh assessment of Mabuyane’s admission to the qualification.
She directed the university to consider any additional evidence that Mabuyane and the Department of Public Administration may submit regarding his prior learning and experience, in line with General Rule 15.4 of the university’s 2017 prospectus, before determining whether he qualifies for admission.
The judge also ordered the university to cover the legal costs of the application, including the costs of two counsel where applicable, on Scale C.
The ruling effectively nullifies the university’s earlier decision and requires it to reconsider Mabuyane’s admission through a new review process.
The matter has been remitted to the university for further proceedings in accordance with the court’s order.
This is a developing story
