A former University of Fort Hare student will finally graduate with a teaching degree after the Supreme Court of Appeal (SCA) dismissed the institution’s bid to appeal two separate high court rulings in his favour.
In May, Bhisho high court judge Nozuko Mjali ruled that an April decision by the university’s senate that refused to condone Mbali Silimela’s late submission of the history module and administrative portfolio for his bachelor of education degree be reviewed and set aside.
She also ordered Fort Hare to include him on the list of those graduating in May.
Her ruling followed a March judgment by justice Belinda Hartle on the same matter, in which she directed the university to properly consider the recommendation of Prof Vusumzi Mncube, the dean of the education faculty.
Mncube informed the Senate in a submission that the “school experience portfolio” comprised seven components, but that Silimela submitted only four on time, resulting in a final mark of 23%.
To pass, he had to submit “history method videos” and his “admin portfolio” for the practical training he did at school. The deadline for submission of the videos was September 2 and the admin portfolio October 13, but he submitted both on November 11.
In papers before Hartle, Silimela did not give reasons for the late submissions.
“The student reported that he had a challenge uploading the video, and by the time he submitted it the system was closed, so the marks could not be captured. The faculty requests that the 23%, which was initially captured, be changed to 57%,” Mncube said.
He added that the faculty supported correcting the marks because Silimela was a final-year student doing the old bachelor of education qualification that is being phased out.
“According to the records, the student has completed all the requirements for the B Ed programme, except for teaching practice, which is a compulsory module.”
Wrote Mncube: “We plead for the correction of marks. If the correction of marks is sanctioned, the student will graduate and the chances of employment will be enhanced.”
Fort Hare then applied to the Bhisho high court for leave to appeal the judgments, but this was rejected.
It is not only a matter of getting a certificate. I want to be there and enjoy myself on that stage in front of university management. The council should hold the vice-chancellor accountable for everything that happened and he should pay all the legal costs personally.
— Mbali Silimela
The university then lodged an application for leave to appeal to the SCA in June, but this was dismissed with costs on August 29.
SCA judges Halima Salduker and Daisy Molefe ruled that there were no reasonable prospects of success in the appeal, and “there is no other compelling reason why an appeal should be heard”.
Welcoming the SCA judgment, Silimela said: “It has been a long and draining journey, and it has affected me emotionally and psychologically.”
“I think this case will help students who are victimised by university management to stand up and fight.”
He said it was “not only a matter of getting a certificate.
“I want to be there and enjoy myself on that stage in front of university management. The council should hold the vice-chancellor accountable for everything that happened and he should pay all the legal costs personally.”
Silimela added that he visited the grave of his mother, Noloyiso Potwana, in December and promised he would continue fighting for justice.
The young man, who worked as a substitute teacher, said he had been deprived of getting a permanent teaching post because he did not have his degree certificate.
“My teaching subjects are English and history, and I would like to go and teach in China. This has all been delayed because of the university continuing to appeal against the judgments.”
Silimela’s attorney, Lwazi Dekeda, on Thursday asked the institution's attorneys to get it to correct Silimela’s mark as directed by the high court and place him on the list of graduates for graduation later this month.
He warned them to provide a response by midday on Friday, “failing which we hold instructions to launch a contempt of court application”.
Prof Loyiso Jita, dean of the education faculty at the University of the Free State, said while the matter could have been handled better, he did not think it was a waste of taxpayers’ money to test a principle in a court of law.
“If the university’s legal advisers thought there was an academic freedom principle to be tested against the tenets of fairness to the student, they were well within their rights to pursue the matter to the appeal court.
“For me, the matter could have been settled internally within university structures and not even made it to the Senate agenda.”
Fort Hare University spokesperson JP Roodt said the university’s attorneys were studying the judgment.
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