ABM students seek reinstatement
Lebogang Mosikare | Wednesday February 12, 2014 20:08
Last year, ABM expelled Onkgopotse Mogende (SRC president) and suspended Tshepho Majae (Minister of Publicity), Pearl Ojahilwe (Student Affairs Minister) and Oratile Gaopotlake (Secretary General) for allegedly inciting other students to protest after they doubted the credibility of some of the courses offered by the institution.
At the High Court on Monday, the students also sought an order against the Department of Tertiary Education Financing (DTEF) who are second respondents in the matter, to reinstate their subsistence allowances which have been terminated since December last year.
Furthermore, the applicants wanted to obtain an order lifting their suspension and interdicting ABM from preventing them from entering the campus.
The Attorney General was cited as the third respondent. Opposing the application, counsel Emang Gadise, acting for the respondents, said the applicants chose to approach court on a piece meal basis.
She said that the applicants first wanted to write examinations, but they have since shifted focus and said that they now want to be allowed to register during the ongoing registration period at the school.
“The applicants have sat on their rights for a period exceeding two months. Where is the urgency in that?
“If we assume that the matter is urgent, it will not serve any purpose because our answering affidavit has not been challenged.
“Only one of the applicants qualifies to proceed to the next semester. The rest dismally failed their exams,” said Gadise.
Others have failed 60 percent of their course work, which is a requirement for one to proceed to the next semester. They will have to wait for the semester that offers courses they want to retake in August.
She said courses at ABM are offered once per semester and that courses offered in the first semester cannot be offered in the next semester.
“I also want to point out that it is the applicant’s own version that the normal proceedings in a normal court take three months to be finalised.
“We submit that by August the main application will have been heard and they will suffer no prejudice. The applicants have failed to demonstrate that they will suffer any irreparable harm.
“The applicants also allege that they fear losing their sponsorship but on their papers, they allege that they lost the sponsorship from December last year,” said Gadise.
Gadise added that the applicants feared falling behind in their studies should an interim order not be granted in their favour.
“It does not arise that they will lag behind... they have failed to demonstrate the irreparable harm they will suffer,” said Gadise.
She further said that the applicants were called to a hearing through written communication but opted not to attend after receiving advice from their attorney.
Gadise also argued that the DTEF was wrongly cited adding that in the interest of justice no order should be granted against a wrongfully cited party.
In response attorney Keneilwe Modise from Legal Aid said that the matter was urgent.
She said when the applicants filed their papers, they instructed her that registration was ongoing and they wanted to register before deadline.
“It should also be noted that even the respondent agreed that if one fails a course there should be a retake,” said Modise.
She submitted that it would be a grave injustice if the applicants were not afforded the opportunity to register.
At that point Nyamadzabo sought clarity on how the applicants will suffer when they can still register in August.
Modise prayed with the court to allow her to file part of the answering affidavit she had omitted. The judge acceded and instructed that it be done by Wednesday.
They were further ordered to pay the costs of the application.