LHR takes TUT to court for failing to honour court order

18 August 2016 - 21:11 By TMG Digital

Lawyers for Human Right (LHR) has taken Tshwane University of Technology (TUT) to court for failing to honour a court order instructing the university to allow students to return to residences. LHR’s application for a contempt order‚ brought on behalf of the TUT students‚ was heard in the Pretoria High Court on Thursday.Working grads could be taxed to fund varsity educationEmployed graduates could be forced to pay graduates' tax to help fund free higher education. LHR said the issue to be determined was whether TUT and three of its top officials unlawfully ignored the urgent court order intended to bring an immediate end to the unlawful mass eviction carried out against all the students residing in the TUT residences at the time. In early February 2014 the High Court issued an urgent court order directing TUT to allow students who had been unlawfully evicted from their TUT residences without the provision of alternative accommodation‚ to return to their residences.“The University was served with a copy of the order and acknowledged receipt thereof on its own website and through the media. Despite this‚ however‚ it refused to comply with the terms of the order and allow the evicted students to return to the residences.“As a result of TUT’s continuing refusal to comply with the order of Court‚ LHR once again approached the Court to seek an order of contempt against the University. The Court granted an interim order holding that TUT was in contempt and postponed the matter so as to allow TUT an opportunity to file opposing papers‚” LHR said.When the opposing affidavit was filed by TUT the individual officials responsible for the contempt of the court’s previous order were identified and LHR applied to have these officials individually joined to the contempt application in their personal capacities. This joinder application was granted‚ LHR said.“TUT has also since the granting of the interim order unsuccessfully attempted to rescind the initial court order requiring that the students immediately be allowed to return to their residences. Numerous offers to settle the matter by way of a public apology to the students and the court have failed.“The main contempt application against TUT and its officials was heard today by the court. It is the view of LHR that TUT and the individual officials responsible for the violation of the students’ constitutional rights and deliberate contempt of the Court’s order cannot be allowed to hide behind the juristic persona of the University. It is also of importance to the Rule of Law that students who are asked to comply with court orders see that the University and its officials are also required to do so‚” LHR said.The court reserved judgement on the matter...

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