Sibanyoni and Others v University of Fort Hare

• Jurisdiction: South Africa
• Judge: Pickard ACJ, Erasmus AJ and Rees AJ
• Judgment Date: 15 June 1984
• Court: Ciskei Supreme Court

Pickard ACJ:

This matter comes before us as an appeal to the Full Court against the judgment of the Chief Justice of this Court dismissing the application of the appellants for the relief which may be summarised as an order compelling the respondent to allow them to return to the University of Fort Hare as students and declaring their so-called "purported F expulsion" from the University invalid and of no force and effect.

The basis of the application is founded on the contention that they were "expelled" from the University.

The facts of the matter may conveniently be summarised by quoting a portion in the judgment of the Court a quo which reads as follows:

"The four applicants contend in their founding affidavits that, G as duly registered and admitted students of the respondent, they have contracts with the university in terms whereof it is obliged to provide tuition, accommodation and to permit them to write all examinations. It appears that the Students Representative Council had been dissolved some time back due to internal problems. An interim committee was formed to consider the possibility of forming a new representative council and to liaise with the university authorities concerning student H affairs. First and second applicants are members of the interim committee. The applicants say that from 12 July 1982 many of the residents at the University experienced power failures, lights in the residences blacking out intermittently.

As students were preparing for second semester examinations this caused a great deal of inconvenience. This state of affairs continued until 18 July 1982 when the students convened a mass meeting in protest. The meeting gave the interim committee a mandate to approach the University authorities with I a view to resolve this problem.

On the following day the interim committee discussed the matter with the Rector of the University and the chief campus control officer. It appears from the papers that the authorities had been unaware of this complaint. The chief campus electrician was called in who explained that the students made use of unauthorised electrical equipment which overload the electrical system. The Rector informed the committee that the house wardens would be instructed to

Pickard ACJ

ensure that this unauthorised use of equipment ceased. The A committee appeared to be satisfied with their arrangements. The Rector issued the following notice (annexure A):

'University of Fort Hare
to all Wardens and Chief Campus Control Officer

We have in the past weeks experienced electrical black-outs in some hostels, eg Z K Matthews I and II, Wesley III, B Iona, Jabavu and Beda. These have been caused by lights tripping off due to excessive use of electricity by plugging in of electrical appliances like heaters, tape-recorders and radios.

Whilst the University is sympathetic about the cold rooms in which students stay, it is however regretted that strong measures will have to be taken against those found having plugged in electrical appliances to the disadvantage of other students. The University is presently doing its best to ameliorate the situation and this can only be done successfully C if all concerned parties co-operate. Wardens are therefore earnestly requested to remove all electrical appliances found plugged in and by so doing help to ease the situation.

Arrangements have been made for students to study in the new science lecture theatre, and of course the library and other arrangements will from time to time be made to give room for D study purposes especially during cold days.

Hoping that this arrangement will help us avoid the recent predicament in which we found ourselves.

......................................................................
Assistant Registrar (Administration)

E 23 July 1982.'

Notwithstanding this notice the students continued to use the forbidden electrical equipment and the lights kept failing.

On the evening of Tuesday, 27 July 1982, a group of about 300 male students marched to the women's residences, stoning buildings on the way. On reaching the women's residences they stoned and broke the glass front doors of four residences, F women students joining the men students from these residences. The students then went to a square on the campus, known as 'Freedom Square', where they broke most of the light fittings. Students also moved to the students' centre where all the glass sheeting was broken as was the front door of the centre. The glass front of the cashier's office was also broken and everything was in disarray. The total damage caused to university property that night amounted to approximately R5 G 000.

On Wednesday 28 July 1982 the greater majority of students boycotted lectures. As a consequence of the occurrences of the previous evening and the boycotting of classes the notice (annexure B) dated 28 July 1982 was issued by the Rector at 9 am.

'University of Fort Hare
Notice to all students

Last night a group of students chose to march on the campus H and damage University property. They also attempted to force other students to join their number. There was no warning and they gave no reasons for their actions. One can only surmise at the cause.

In a recent meeting with me the students' interim committee complained about electrical power failures at night. If it is maintained that this was the reason for last night's actions, I I would like to point out the following:

1.

On receipt of the complaint we responded immediately and an investigation showed the cause of power failures in the residences to be the use of unauthorised electrical appliances, especially large heaters.

2.

The students' interim committee was informed that as long as the circuits were overloaded in this way the power would trip out and that there was no immediate way of increasing the power supply.

3.

Both the students' interim committee and wardens were asked to explain

Pickard ACJ

A the situation to students and to request them to disconnect their unauthorised (see hostel regulations) appliances.

4.

It was also explained that the illegal wiring in many rooms was a danger to life through electrocution or fire.

5.

I wish to repeat what I told the students' interim committee that I fully sympathised with them not having heating in their bedrooms and could promise that the University would introduce heating in all B rooms forthwith, although it would take time to raise the considerable finance involved and execute the work. This policy can already be seen in Emfundweni, which has radiators in every room.

6.

I immediately arranged for all the science lecture theatres which are airconditioned and heated to be opened every night from 19h00 and that these would operate as an overflow from the library so that students could study and work in comfort.

C You will therefore see that we have done everything possible for the comfort of the students and this will remain my policy. The fact that some hostels have again tripped out is because a large number of heavy unauthorised appliances have been connected.

I must again appeal to students not to overload the circuits in this way.

With regard to the negotiations for the formation of an SRC, I D must unfortunately report that at a recent mass meeting of students called for the sole purpose of finalising the constitution and attended by a limited number of students, the occasion was misused. Various pamphlets were distributed and speeches made. Because of this breach of faith and trust and other incidents it is evident that the negotiations for an SRC are being used for other purposes and that the University has no alternative but to suspend such negotiations and to disband the interim committee.

E Students wishing to communicate with the Administration in any matter should do so through the existing channels, eg the house committees, the wardens, the Athletic Union, the matrons, and the Dean of Students.

J A Lamprecht
Rector
28 July 1982
09h00.' It has been observed that students are boycotting classes. Students must return to classes immediately or face the consequences.

This document was circulated by the Chief Campus Controller, Mr Venter, in what he describes as the most effective way, namely by leaving sufficient copies for the students at all dining halls. If left on notice boards, notices are almost invariably ripped off very quickly. At 5 pm on Wednesday 28 July 1982 the Rector issued a notice (annexure C) which reads:

G 'University of Fort Hare
Notice to all students

1.

Since it has been established that the power failures were caused by unauthorised use of appliances in the hostels, and since wardens have been requested to disconnect all such appliances and, in addition, provision has been made for evening study in heated H rooms, I regard the matter as closed. It is possible that this issue is being used as a pretext to boycott for other purposes. Students must not allow themselves to be misled.

You are reminded that during May this year you undertook to attend lectures and that you are now breaking that undertaking.

2.

The University will not close and lectures and tests cannot be repeated. Students are reminded that the end of the academic year is approaching and that a drawn-out boycott will mean the loss of this academic year.

3.

I The boycott will therefore not be allowed to continue and, in the interests of those who wish to attend classes, students who do not attend by tomorrow at 08h00 will be deemed to have elected to discontinue their studies at the University, and will leave the University tomorrow.

This is final.

Your boycotting activity last night also led to considerable damage to University property.

Pickard ACJ

4.

I have been notified that any meetings, whether A open-air or otherwise, which are not authorised by the...