The article by Mvusiwekhaya Sicwetsha reflects on a High Court ruling that found the University of Fort Hare’s decision to deregister Eastern Cape Premier Lubabalo Oscar Mabuyane in March 2021 to be unlawful and constitutionally invalid.

The judgment, delivered by Judge Rusi in the Bhisho High Court, has been framed as a decisive vindication of Mabuyane, who had long maintained that he was unfairly targeted by the university’s administrative processes.

At the centre of the case was Fort Hare’s failure to follow fair administrative procedures, particularly the constitutional requirement of audi alteram partem, meaning the right to be heard.The university admitted it had deregistered Mabuyane without giving him an opportunity to make representations.

It argued that he did not meet admission requirements due to the absence of an Honours degree, but the court rejected this justification, finding that procedural fairness could not be bypassed.The judgment also highlighted inconsistencies in how the university applied its Recognition of Prior Learning (RPL) policy.

Other students in similar academic positions were assessed and allowed to continue their studies based on work experience and alternative qualifications, while Mabuyane’s extensive professional background and undergraduate qualification were disregarded.The court found this distinction to be artificial and irrational.

Judge Rusi further criticised the institution’s attempt to retroactively justify its decision through an appeal process after the fact, stating that such actions could not cure an initially unlawful decision.

The ruling also acknowledged internal admissions within the university that Mabuyane had acted in good faith and had been processed through multiple administrative structures before the deregistration decision.

Ultimately, the court set aside the deregistration and ordered that the matter be reconsidered properly, ensuring that Mabuyane’s prior learning is assessed fairly.

The article argues that the ruling reinforces constitutional principles of equality, fairness, and lawful administrative conduct, while exposing deeper governance failures within the university system.Sicwetsha concludes that the case represents a broader victory for accountability in higher education and a rejection of institutional overreach.