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;