Judge orders failed student back to school

Tebogo Kgalemang
Correspondent | Friday May 21, 2010 00:00

'The crisp issue is whether fail and discontinue was contrary to the regulations of the college. The academic regulations did not at all provide for the award of zero percent for the research project,' Solo pointed out.

He further stated that in terms of the academic regulations, whether the research project was submitted or not, that could not have resulted in failure and discontinuation.

Daphney Sebogwe enrolled in the school in 2005, for a Diploma in Primary Education, and was doing a number of subjects, including the research project during her final year.

She passed all the subjects except the project which was assessed as incomplete.

The plaintiff's representative, Mishingo Jeremiah of Mmohe Attorneys, argued that the results awarded to his client were ultra vires the applicable academic regulations.

'The results of incomplete in terms of the regulations could not result in fail and discontinue. Instead Sebogwe ought to have been given the opportunity to supplement as provided in the regulation,' he argued.

In an interview outside court, attorney Jeremiah was happy that justice was done. 'Academic institutions must act lawfully. It is not open to FCE to destroy a student's future when the regulations are clear'.

He said that the conduct of the officials of FCE in how they treated his client was astonishingly disappointing.