IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
11) REPORTABLE: NO
12) OF INTEREST TO OTHER JUDGES:
(3) REVISED: NO
3QAPcH 2025
DATE
In the matter between:
STUDENT UNION FOR CHRISTIAN ACTION SEFAKO
MAKGATHO HEAL TH SCIENCES (SUCA)
and
SEFAKO MAKGATHO HEAL TH SCIENCES
UNIVERSITY (SMU)
THE COUNCIL OF SEFAKO MAKGATHO
HEAL TH SCIENCES UNIVERSITY
THE VICE-CHANCELLOR OF SEFAKO
MAKGATHO HEAL TH SCIENCES
UNIVERSITY
DR JEFFREY MABELEBELE
THE REGISTRAR OF SEFAKO MAKGATHO
HEAL TH SCIENCES UNIVERSITY Case No: 105750/2024
Applicant
First Respondent
Second Respondent
Third Responden t
Fourth Respondent
ECONOMIC FREEDOM FIGHTERS' STUDENT
COMMAND (EFFSC)
SOUTH AFRICAN STUDENT CONGRESS (SASCO)
YOUNG COMMUNIST LEAQUE OF SOUTH AFRICA
(VGL) 12
Fifth Respondent
Sixth Respondent
Seventh Respondent
, THE STUDENT REPRESENATATIVE
I
COUNCIL OF SEFAKO MAKGATHO
HEAL TH SCIENCES UNIVERS ITY
KATLEGO MOSHANYANE
NTSHADI BOKABA
SIBUSISO MAKHAMBA
HLOMPHO MASEMOLA Eighth Respondent
Ninth Respondent
Tenth Respondent
Eleventh Respondent
Twelfth Respondent
Delivered: This judgment was handed down electronically by circulation to the
parties by e-mail and the uploading of the judgment to the caselines profile. The
date for the handing down of the judgment shall be deemed to be 30 April 2025.
JUDGMENT
GROBLER , AJ:
r ,
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[1] The central issue in this matter relates to the manner in which
resolutions are taken by the students' representative council ("SRC") of the
Sefako Makgatho University.
[2] It is common cause that the SRC constitution of the Sefako Makgatho
University (hereinafter referred to as "the SRC constitution ") prescribes that the
SRC shall consist of fifteen members and that all resolutions of the SRC shall be
taken by a simple majority.
[3] The applicant contends that a simple majority means that a candidate
needs to obtain a minimum of nine votes out of fifteen, while the respondents
contend that a simple majority requires a minimum of eight out of fifteen votes.
[4] The legal framework for determining the meaning of a simple majority is
provided by inter a/ia the Amended Statute of the Sefako Makgatho Health
Sciences University published in the Government Gazette of 12 August 2022,
No. 46705 (hereinafter referred to as "the institutional statute") and the
Constitution of the SRC.
[5] Clause 1 of the Constitution of the SRC provides that the SRC
constitution must be interpreted subject to the provisions of the institutional
statute.
[6] The applicant referred me in this regard to section 5( 1 ) of the institutiona l
statute, which reads as follows:
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"(1) Whenever, in terms of a provision of this statute, a quorum or a
majority of votes for any purpose is required and the actual number
required at a meeting results in a numerical fraction the next
greater number shall be the applicable number to constitute the
required quorum or majority."
[7] Section 67(9) of the Institutional Act provides as follows:
[8] "(9) The SRC is composed and functions in accordance with its
Constitution and the provisions of this Statute and the Rules."
The parties referred me to the following relevant definitions in the SRC
constitution:
"Calculation of quorum or majority' means that whenever a quorum
for a meeting or majority of votes for any purpose is required in terms of
this constitution, and the actual number required at a meeting results in a
number and a numerical fraction, the next greater number shall be the
applicable number to constitute the required quorum or majority;
'Fifty per cent plus one (50% plus 1) and sixty six per cent plus one
(66% plus 1)' means the number of votes, determined by the provisions
of this constitution, required to take a binding and enforceable decision
and shall, when an absolute majority is required, mean 66% plus 1 of
serving members of the relevant body, and when a simple majority is
required, 50% plus 1 of the members present at a meeting;
'Simply majority' means fifty per cent plus one (50% plus 1) of the
votes of the members present at a meeting of the SRC, School Councils
or any other formal structure constituted in terms of this constitution, as
determined by the context;"
r
( 15
[9] The definition of Calculation of quorum or majority in the SRC
constitution follows the wording of Section 5(1) of the institutional statute word
for word.
[10] The parties also referred me to and relied on clause 8 of the SRC
constitution, which deals with ordinary meetings of the SRC. Both parties
approached the matter on the basis that the meeting where the decisions under
consideration were taken was an ordinary meeting of the SRC.
[11] The meeting was in fact the special constituting meeting of the SRC held
in terms of clause 5(3) of the SRC constitution, but I do not consider that to be of
any great significance as clause 5(3) of the SRC constitution does not make
provision for the election of either the five executive members, or the allocation
of portfolio responsibilities by any other method than a simply majority.
[12] Clause 8(9) of the SRC constitution provides as follows:
"(9) The quorum of the ordinary meeting of the SRC shall be fifty per
cent plus one of the Council (50% of 15 equals 8). The quorum
is determined at the start of the meeting. If the required quorum
is not present at the beginning of a meeting the chairperson of
the meeting shall adjourn the meeting for a period of at least an
hour, immediately give oral notice of the resuming time, and
contact all absent members to inform them of the arrangements
for the starting time."
[13] I do consider clause 8(9) of the constitution relevant. Even though it
relates to a quorum and not a simple majority, it is considered to be relevant
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because of the definition of the "calculation of a quorum or majority" referred to
above. The definition makes it plain that a simple majority and a quorum is
calculated in exactly the same manner.
(14] It is settled law that interpretation is the process of attributing meaning
to the words used in the document, having regard to inter alia the context. the
language used in light of the ordinary rules of grammar and syntax and the
purpose to which it is directed. Furthermore, a sensible meaning is to be
preferred to one that leads to insensible or unbusinesslike results. 1
(15] The applicant contends that a simply majority of 50% plus one equals
8.5 (i.e. 50% times fifteen equals 7,5 plus one) and the next greater number is
then nine, which is the required number.
(16) The respondents contend that the applicant's argument is fundamentally
flawed and inconsistent with the provisions of the SRC constitution referred to
above.
(17] The respondents pointed out that eight out of fifteen votes represent
53,33% of the votes, which is more than the 50% plus one simple majority
threshold defined by the SRC constitution.
[18] The respondents contend that an interpretation resulting in a finding that
a simple majority requires a minimum of eight of fifteen votes is consistent with
the clear meaning on any interpretation of the relevant provisions of the SRC
Natal Joint Pension Fund v Endumeni Munidpa/ity 2012 (4) SA 593 (SCA), para (18].
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constitution. The respondents relied upon the following authorities in addition to
Endumeni:
[18.1] Adampol (Pty) Ltd v Administrator, Transvaal 1989 (3) SA 800
(A) at 804 D-C; and
[18.2] Coo/ Ideas 1186 CC v Hubbard and Another2014 (8) BCLR 869
(CC) at paragraph [28].
[191 I agree with the respondents that eight out of fifteen votes constitute a
simple majority on any reasonable interpretation of the SRC constitution. Having
regard to the definition of Calculation of quorum or majority, Clause 8(9) of the
SRC constitution and the legal principles relating to interpretation, it is
unsustainable to hold that nine votes are required for a simple majority while only
8 votes are required for a quorum. Furthermore, such an interpretation would
negate the plain meaning of the concept of a "majority" or "simple majority".
[20] The respondents contended that the applicant's application is clearly ill
conceived and amounts to an abuse of court process warranting a punitive costs
order against the applicant.
[21] I am not persuaded that the application constitutes an abuse of court
process, and I see no reason why the general rule that costs should follow the
result should not be followed.
ORDER:
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In the premises, the following order is issued:
1. The application is dismissed with costs, the costs of counsel to be taxed
on Scale B.
Date of hearing:
Date of judgment:
Counsel for Applicant:
Instructed by:
Counsel for Respondents:
Instructed by: ER
JlJDGE OF THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
22 April 2025
30 April 2025
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