Mabuyane v University of Fort Hare and Another
The Eastern Cape Division reviewed and set aside the University of Fort Hare’s decision to deregister a student from a Master’s degree as procedurally unfair under the Promotion of Administrative Justice Act, and remitted the review.
Held
- The decision of the University to deregister the applicant from the Master’s in Administration was declared unlawful and constitutionally invalid, and was reviewed and set aside.
- The applicant had not been afforded a reasonable opportunity to make representations before the decision was taken, as section 3 of the Promotion of Administrative Justice Act 3 of 2000 requires.
- The matter was remitted to the University in terms of section 8(1)(c)(i) of that Act, with directions that it start the review of the applicant’s admission afresh, and that it receive such evidence of his prior learning and experience as may be produced under General Rule 15.4 of the 2017 Prospectus.
- The University was ordered to pay the costs of the application, including the costs of two counsel where so employed, on scale C under Uniform Rule 67A.
The applicant was registered for the research component of a Master’s in Administration at the University of Fort Hare in 2017. In March 2021 the University decided to deregister and exclude him on the ground that he had not met the minimum requirements for admission to the qualification, holding a three-year Bachelor of Commerce rather than a four-year or Honours degree.
The applicant sought review of that decision under sections 3 and 6(2) of the Promotion of Administrative Justice Act 3 of 2000, contending that he had not been afforded a hearing before the decision was taken, that the decision maker did not have all the relevant information before it, and that the University had failed to consider his prior learning under the Recognition of Prior Learning policy in General Rule 15.4 of its 2017 Prospectus.
The judgment was heard on 18 June 2026 and delivered on 2 July 2026.
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