Judge Dismisses Suspended UB Students
Tumelo Mouwane | Monday May 15, 2017 16:20
Olebogeng Kenosi, a first year student pursuing Bachelor’s Degree in Business Management was suspended on April 25 and subsequently, Izwaligo Akuje a third year student undertaking Bachelor of Business Administration and Tourism was suspended on April 28 following violent protests which led to closure of the university. The students were charged and brought before a disciplinary committee where they were each found guilty as charged and suspended.
The disciplinary committee made a recommendation that Kenosi be de-registered from the University until the end of the semester. This, according to him meant suspension for two months. The VC imposed a one-year suspension and ordered that Kenosi compensate the University for stolen property instead. As for Akuje, the committee recommended a final oral warning. However, the VC imposed a one-year suspension.
The students wanted the Court to interdict the UB, its agents, employees or any other person acting under the instructions of the respondents from suspending them pending the finalisation of the appeal to the vice chancellor and or the review application to be filed in due course and a review application before Justice Kebonang which has a bearing on the conduct of the disciplinary hearings which resulted in the suspension of the duo.
The students also wanted Justice Tafa to interdict the university’s decision to deny them access to the campus premises which include but not limited to lecture halls, library, student halls and any other facilities which the students are entitled to enter or utilise by virtue of being UB students.
In the applicants’ arguments, Kago Mokotedi argued that the two students stand to lose valuable time as they will miss on presentations and the on-going assignments. He said Kenosi was supposed to write continuous assessment presentation on another module. Mokotedi also argued that should the suspension be allowed to stand, the applicants will lose their sponsorships.
In his judgement, Tafa said it is an undisputed fact that at the beginning of the year, there were demonstrations at the Gaborone campus of the university. These demonstrations degenerated into a riots whereby extensive damage was caused to university property and other properties belonging to private organisations outside the campus.
Tafa further said the applicants complained much about procedure. He said he was satisfied by the procedure followed by the VC.
“I shall avoid prompting the decision of the Vice Chancellor into depth on the applicant’s chances of success. However, I can say without hesitation that the applicants complain not about the procedure adopted by the Vice Chancellor. He was entitled, once an initial investigation had pointed to some possible wrong doing by the applicants to so inform the applicants and notify them of the charges against them.
“The first applicant is not, on the papers before me the one who appoints the disciplinary committee. If he is I am not satisfied that the committee was appointed solely for the purpose of dealing with one case. The applicants have not, on the papers revealed how the committee found the applicants guilty, they then made recommendations to the first respondent regarding punishment.
“It must be borne in mind that in exercising his discretion, the first respondent did not as far as the papers reveal, exceed his power as laid down in the empowering instrument,” Tafa said.
The judge further highlighted that a court should not be quick to impose upon administrative bodies, rule and procedure akin to those of a Court of law.
“In my considered view, the applicants prospects of success on the appeal are no-existent. In the circumstances, the application cannot succeed. In the result, the application is dismissed. In view of the fact that the applicants are students with no source of income besides their stipends, I make no order for costs.