Court ruling - TUT must explain contempt

2014-02-04 19:16

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

  • Youth
    Explores new ways of theorizing youth without prejudice or lumping 'young people' together as one... Now R279.00
    buy now

Pretoria - The Tshwane University of Technology (TUT) wilfully acted in contempt of a court order when it refused to re-admit students evicted from their residences, the North Gauteng High Court in Pretoria ruled on Tuesday.

Lawyers for Human Rights (LHR), for the students, on Saturday obtained an urgent court order to force TUT to allow students back into residences.

They returned to court this week with a contempt application after TUT ignored the court order for two days.

TUT's lawyers told the court on Monday they only received notice of the court order at 14:00 that day and had already lodged an appeal against the ruling, which they said suspended the court order.

The court was informed that only students with access cards would be allowed back into the residences. LHR objected because some of the students were unable to get student cards due to protests on campus during the past week.

TUT argued that the university had not been given a chance to reply to the allegations and asked the court to remove the application from the court roll on technical grounds.

LHR said TUT closed the residences on Friday and evicted students after protests on some campuses against to a lack of funding from the National Student Financial Aid Scheme.

The university last week obtained an interim order to prevent any further campus protests, but did not obtain an eviction order against the students.

LHR argued that the university could not on one hand ask the court for an order preventing protests while on the other hand unlawfully removing students from their residences.

The court on Saturday declared the evictions unlawful and unconstitutional and ordered the university to allow the students to return immediately.

The court found that students' right to adequate housing had been violated and granted a punitive cost order against the university.

On Tuesday Judge Elias Matojane ruled that TUT's condition that only students with student cards would be allowed back was in flagrant disregard of Saturday's court order.

He gave the university until 31 March to give reasons why it should not be declared in contempt of court, and why the vice chancellor should not be sentenced at the court's discretion.

Hearing the case on Monday, Matojane asked why TUT had evicted students when they did not know if they had another place to stay.

Nathaniah Jacobs of LHR welcomed the ruling.

"The court has made it abundantly clear that it will not accept incorrect, technical arguments in an attempt to justify the violation of constitutional rights and LHR welcomes this firm stance by court," she said.

- SAPA
Read more on:    tshwane university of technology  |  youth  |  education  |  protests
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
14 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Music
Traffic & Train Alerts
Traffic
Cape Town 18:17 PM
Road name: Wet Weather

RAIN across the Cape Town area - turn on headlights, reduce speeds and drive with care

Hout Bay 09:25 AM
Road name: Chapmans Peak Drive

WEDNESDAYS - STOP / GO controls between 10am and 3pm for Alien Vegetation Clearing - every Wednesday - weather permitting

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to 30% off top fragrances

Get mind blowing savings on selected fragrances. Offer valid while stocks last. Shop now!

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

Save up to 50% on Women’s month treats!

Celebrate the awesome women in your life with awesome treats like beauty products, fashion accessories, bestselling books, electronics and more. Offer valid while stocks last. Shop now!

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Today is a good day to combine imagination, information and creativity together. Try not to over rationalise things and rather...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.