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MBABANE – UNESWA is opposing the application where it has been taken to court by a fifth-year IDE Law student for withholding his notarial practice final examination results.
Jabulani Mndzebele of Lobamba Lomdzala wants the High Court to direct the University of Eswatini (UNESWA) to release the Institute of Distance Education (IDE) Law 504 Notarial Practice second semester final examination results.
In the alternative, Mndzebele wants the court to direct UNESWA to furnish him with timelines for the completion of the investigation by the Senate.
The university withheld the results following an allegation of a leaked marker guide and this was communicated to the affected students by the University Senate on March 7, 2023. Mdzebele approached the court after students doing Law 504 (Notarial Practice) had written to the UNESWA Registrar, Dr Salebona Simelane, requesting the release of their results in respect of the course.
Institution
Through its Lawyer, Zweli Shabangu, the institution has raised points of law, where it, among other things, argued that the order that was being sought by the applicant (Mndzebele), wanted to direct how the investigation of the alleged misconduct in relation to a leaked paper and marking guide L 504 was to be conducted.
“The manner and timelines on how the investigation is to be conducted and/or completed is likely to affect the interest of other students who sat for the L 504 paper. It follows, therefore, that other students who sat for the L 504 paper have a direct and substantial interest in the subject matter of the litigation and will thus be affected by any order that this court may make,” contended UNESWA. The institution argued that, the other L 504 students were, therefore, necessary parties to the application.
“The applicant has failed to join the other L 504 students in the application and has contented himself merely by making a bald citation of the alleged fifth respondents in the matter,” argued
UNESWA.
On March 27, 2023, Mndzebele wrote to the university after allegedly not receiving any form of formal correspondence from the office of the registrar in respect of the non-release of the results. He stated that the class representative served the registrar with a letter on February 24, 2023, requesting the release of the results within 48 hours of receipt of the correspondence.
“However, your office, through a correspondence dated March 7, 2023, informed us of a resolution taken by the Senate at its meeting of January 31, 2023, that the examination results should be withheld, following an allegation of a leaked marker guide. Furthermore, the correspondence stated that all the concerned students would be informed of the outcome of the investigation in due course,” said Mndzebele.
He told the registrar that it was against the backdrop of ‘in due course’ that he was requesting the office of registrar to shed more light as to how the allegations of a leaked marker guide relate to his being given his IDE Law 504 Notarial Practice results.
“How am I part of the leaked marker guide? Furthermore, if I am part of the leaked marker guide, why has that not been communicated and if I am not part of the leaked marker guide, why should the institution be withholding my results? It is common cause that I am a sickly person, hence having such an anomaly hanging over my head is adding unnecessary strain on my health,” wrote Mndzebele.
He said the continued delay in receiving the withheld results was prejudicial to, inter alia; his legal apprenticeship at a law firm, to his character and reputation and/or registration in the eventuality of a re-sit or repeat.
Mndzebele said in the event he was not given access to his results and /or informed of the strict timelines for the completion of the investigation on the allegations of the leaked marker guide
within three working days from receipt of this correspondence, he would be compelled to approach the courts for redress.
He has taken the matter to court and submitted that on December 16, 2022, around 6:35pm, he received a text message purportedly from the Notarial Practice lecturer in the students’ WhatsApp group stating that students who were guilty of misconduct were advised that they would be reported to the registrar. “Any student who wishes to say anything on this matter is advised to come forward and explain himself or herself.”
Mdzebele told the court that January 27, 2023, which was the official date of the release of the examination results, he was perplexed to see no mark, re-sit comment and /or repeat, shown for IDE Law 504 Notarial Practice.
“Furthermore, on the same day, the office of the second respondent (registrar) issued a 2021/2022 semester 11 re-sit final timetable, wherein the IDE Law 504 Notarial Practice was to be written on February 6, 2023, from 9am- noon,” submitted Mndzebele.
Contract
He said upon making enquiries regarding the alleged breach of contract, he was taken from pillar to post by the university, hence on February 24, 2023, through their class representative; he served a letter requesting the release of the examination results.
Mndzebele submitted that on March 7, 2023, the registrar informed the class allegedly for the first time, that the Senate, at its meeting on January 31, 2023, resolved that the Notarial Practice examination results should be withheld and that all the concerned students would be informed of the outcome of the Senate investigation in due course.
He told the court that on March 28, 2023, he served a letter upon the university seeking clarity because on the ambiguity of how ‘in due course’ and ‘all concerned students’ reconciled with his constitutional rights to natural justice and fair hearing.
Mndzebele alleged that to date, the university, registrar, director of IDE and the Notarial Practice lecturer failed, refused and /or neglected to perform their administrative function of either releasing his results or give strict timelines for the completion of the Senate investigation. Mndzebele appears in person in the matter, which is pending before Judge Khontaphi Manzini.