2 HB 129-16 HC 1250-16 The three applicants are students at the second respondent university with the first applicant being a final year student of Politics and Public Management while the second and third applicants are second year students majoring in development studies. On 22 April 2016 they were each served with a letter of suspension from the university dated 11 April 2016 and signed by the first respondent. The suspension letters which are worded the same read: “RE: SUSPENSION FROM MIDLANDS STATE UNIVERSITY It has come to my attention that you breached Ordinance No. 2 of 2000 in that you are alleged to have posted a message on a Social Medial Platform Whats App calling on other students to go on an illegal demonstration. In terms of section 8(3) (d) of the University Act, I do hereby suspend you from the University pending your appearance before the Student Disciplinary Committee to answer the above stated charges. During the period of your suspension you are not allowed to visit any of our campuses without my permission and a breach of this condition shall constitute another act of misconduct for which you will be duly charged. Yours sincerely Professor N. M Bhebhe Vice Chancellor.” That way the three applicants were excluded from the University and have not attended any lectures or participated in any activity pertaining to their University education. Significantly, there is no indication in the suspension letters what the duration of the suspension is and when the disciplinary committee will sit to determine their cases. A month has since lapsed since the administrative action was taken and still nothing has happened. The applicants remain on suspension. Meanwhile life on campus goes on with the other students enjoying the benefit of education to the exclusion of the three applicants, who have now filed this urgent application seeking the following relief: “TERMS OF THE FINAL ORDER SOUGHT IT IS HEREBY ORDERED THAT (SIC) That you show cause to this Honourable Court why a final order should not be made in the following terms;

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