About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2024
>>
[2024] ZAFSHC 248
|
|
Morudu v University of the Free State (5797/2022) [2024] ZAFSHC 248 (20 August 2024)
IN THE HIGH COURT
OF SOUTH AFRICA,
FREE STATE
DIVISION, BLOEMFONTEIN
Reportable:
NO
Of Interest to other
Judges: NO
Circulate to
Magistrates: NO
Case No: 5797/2022
In
the matter between:
JONAH
MORUDU
Applicant
and
THE
UNIVERSITY OF THE FREE STATE
Respondent
HEARD
ON:
Matter disposed of without oral
hearing in terms of section19(a) of the Superior Court Act 10 of
2013.
JUDGMENT
BY
:
MHLAMBI, J
DELIVERED
ON:
20 AUGUST 2024
APPLICATION FOR LEAVE TO
APPEAL
[1] On
20 October 2023, I granted the application and the following orders:
1.
The respondent is ordered to perform all
such acts as may be necessary in order to confer and bestow upon the
applicant, at its
next graduation ceremony or at such other time as
may be convenient, a Diploma in Construction Science and Building
Surveying.
2.
Concomitant to the conferring, to issue to
the applicant a Diploma confirming that the applicant had completed
the said course and
had qualified for conferral of such Diploma upon
him.
3.
The respondent was ordered to pay the costs
of the application.
[2] The
essence of the application for leave to appeal is that I did not find
merit with the applicant’s
following arguments:
2.1 Section 65(D)(1) of
the Higher Education Act prohibited the conferring of the Diploma;
2.2 The applicant failed
to comply with all the conditions/requirements for the Diploma and
was therefore not entitled to specific
performance; and/or
2.3 Specific performance
should have been refused on the basis that the relief sought would be
practically impossible.
[3]
Though the application is opposed and the respondent contended that
the applicant failed to discharge the
onus of showing on proper
grounds that reasonable prospects of success on appeal existed, he
did not take issue with the appealability
of the judgment.
[4] I
have traversed the grounds of appeal in my judgment. I agree that the
matter is indeed of substantial importance
to the parties and that it
would be just and proper that a superior court should hear the
appeal.
[5] In
the result the following order issues:
Order:
1.
Leave to appeal is granted to the full
bench of this division.
2.
The costs will be costs in the appeal.
MHLAMBI, J
On
behalf of the Applicant:
Adv.
JMC Johnson
Instructed
by:
Phatshoane
Henney Attorneys
35
Markgaft Street
Westdene
Bloemfontein
On
behalf of the respondent:
Adv.
R Van Der Merwe
Instructed
by:
Badenhorst
Attorneys
15
Groenvlei Avenue
Groenvlei
Bloemfontein