Court reinstates ABM students

Lebogang Mosikare | Tuesday February 18, 2014 16:27

Last year ABM expelled SRC president, Onkgopotse Mogende, Mnister of Publicity Tshepho Majae, Minister of Student Affairs, Pearl Ojahilwe and Oratile Gaopotlake who is the secretary general.

The students were expelled and suspended by the first respondent, ABM, for allegedly inciting other students to strike after they queried the standard of courses offered by the institution.

They also sought an order against the second respondent, Department of Tertiary Education Financing (DTEF), to reinstate their stipends that were terminated since December last year and January this year.

Furthermore, the applicants wanted to obtain an order lifting their expulsion and suspensions and subsequently interdicting ABM from barring them from entering the institution and using its facilities.

The Attorney General (AG) was cited as the third respondent and the respondents represented by attorney Emang Gadise. Attorney Keneilwe Modise from Legal Aid represented the applicants.

Nyamadzabo said he was satisfied that the matter was brought to court on an urgent basis. He said that it was not in dispute that of all the four applicants, only one passed and therefore can proceed to the next semester.

He said the first respondent would suffer no harm should the applicants be allowed to register for modules they failed during the semester that commenced last week Monday.

Nyamadzabo said there were some students who have failed more than 60% of their course yet they were allowed to register in the current semester contrary to what the first respondent told the court.

The respondents previously told the court that the courses that the applicants had failed were not available in the current semester and will be offered in August. He added that the counsel for the first respondents did not show if the results slips tendered before court by the applicants  were fake or authentic.

The judge also said it is common cause that the applicants did not attend the disciplinary hearing that the Executive Director of ABM summoned them to attend to show cause why they cannot be expelled or suspended for gross misconduct.

Nyamadzabo said although written and oral communication are both allowed for in terms of the law, the communication the director wrote to the applicants did not clearly state when the applicants should have attended the hearing.

As regards to locus standi of the second and third respondents, Nyamadzabo said it was clear that they did not oppose to be cited by the applicants in the matter.

“The locus standi of any party is an essential step in litigation,” he said.

He further said even though the third respondent is a principal legal advisor to all government ministries and departments as correctly stated by the counsel for the first respondents, she was cited in a nominal capacity.

“I therefore discharge the points of law raised by the attorney for the first respondent with costs pending the review application that challenges the suspension and expulsion of the students,” said Nyamadzabo.

The students were over the moon after the ruling. They told this publication that finally justice has prevailed as they have always insisted that they were suspended and expelled for nothing.