By Thapelo Molefe
The University of Fort Hare has defended its decision to deregister Eastern Cape Premier Oscar Mabuyane from a master’s degree programme, arguing that he did not meet the admission requirements and that the institution had the authority to remove him from the programme.
The matter was heard in the Eastern Cape High Court in KuGompo City, where judgment was reserved.
Mabuyane is seeking to have his 2021 deregistration from the university’s Master of Public Administration programme declared unlawful.
Arguing on behalf of the university, Advocate Fiona Gordon SC said Mabuyane failed to meet the academic requirements for admission and had not produced evidence that he qualified through Recognition of Prior Learning (RPL).
“He was admitted, but the fact of the matter is he didn’t then meet the requirements and he still doesn’t meet the requirements. He still hasn’t put up proof that he met the requirements,” Gordon told the court.
Gordon argued that the university senate had the power to deregister students enrolled in academic programmes.
“It would be nonsensical for a university to admit a student and not be able to deregister them. The senate had the power to deregister,” she said.
She further told the court that Mabuyane had been invited in March 2021 to provide proof of an RPL application if one existed, but the university never received a response.
Mabuyane’s legal team, however, argued that the university acted outside its powers and failed to follow a fair process before deregistering him.
Advocate Anton Katz SC submitted that the premier was informed of the senate’s decision only after it had already been taken and was not given an opportunity to state his case.
The premier’s lawyers argued that the university’s powers to exclude or deregister students are limited by the Higher Education Act and that the decision should therefore be reviewed and set aside.
Advocate Mfundo Salukazana also argued that the university failed to consider whether Mabuyane qualified for admission through RPL and did not adequately explain the reasons for his deregistration.
“The deregister by the university was unlawful because there was no audi alteram partem,” Salukazana told the court.
The case forms part of a broader dispute over allegations of irregular postgraduate admissions and qualifications at Fort Hare.
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