Mabuyane Master’s deregistration overturned
The Eastern Cape High Court (East London) has overturned the University of Fort Hare’s decision to deregister Premier Oscar Mabuyane from its Master’s degree programme.
Yesterday afternoon, Judge Lindiwe Rusi found the decision unlawful and constitutionally invalid, reports News24.
Mabuyane was admitted to the Master’s degree programme in public administration in 2018, but was deregistered in March 2021 for failing to meet the minimum requirements, as he only holds a BCom degree, obtained at the university more than 20 years ago.
The university claimed he failed to follow proper procedures for the Recognition of Prior Learning (RPL) route to the Master’s degree programme.
According to a forensic report commissioned by the university through the law firm Horizon Forensics, Mabuyane was assisted by a team of ‘ghost writers’ for his research proposal.
It also alleged that he attempted to apply for a PhD programme while he had not completed the Master’s degree. In his court application, which was argued last month, Mabuyane said the university’s decision to deregister him in 2021 was irrational and unjust.
He argued that he was not allowed to reply to the university’s senate to request his deregistration.
Rusi reviewed and set aside the decision.
She said the university’s stance on the matter was ‘problematic’. She said there was no indication that before the decision to deregister Mabuyane was made, ‘it was in any way impractical then to inform him of the envisaged adverse decision and to invite him to make submissions on why the proposed decision should not be made’.
She said the university’s decision to deregister Mabuyane was taken without due regard to procedural fairness. Rusi ordered the university to restart the review of the applicant’s admission to the Master’s programme.
Mabuyane welcomed the judgment.
‘This has been a challenging and personal journey, but I have always had faith in the legal process and in the importance of fairness and due process. I respect the outcome and the institutions that were entrusted with handling this matter.’
According to News24, university spokesperson JP Roodt stated: ‘The university notes the judgment handed down by the High Court. The university’s legal representatives are studying the judgment.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
