Mabika Kudakwashe & 19 Others v Bindura University of Science Education & The Registrar Bindura University of Science Education

HH 761-17

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Case Details

Court

Harare High Court

Date

13 November 2017

Citation

HH 761-17

Neutral Citation

[2017] ZWHH 761

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Administrative lawEducation lawProcedural law

Keywords

University studentsExamination rightsAcademic regulationsProcedural non-compliance

Key Issues

{"issue_text":"Whether the university acted fairly and lawfully in barring students from examinations at the eleventh hour after allowing them to proceed with carried courses","issue_type":"mixed","dispositive":"yes","related_facts":"Students carried courses with university's knowledge; fees accepted; attendance permitted"}
{"issue_text":"Whether the university provided adequate notice to affected students","issue_type":"procedural","dispositive":"no","related_facts":"Notice allegedly posted on notice boards; no individual written communication"}

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Facts of the Case

Background

Twenty students of Bindura University filed an urgent application to compel the university to allow them to write examinations after being barred on the basis of academic regulations. The university opposed but failed to file heads of argument timeously, resulting in being barred. The students had carried courses from first year through to fourth year but were prevented from writing final examinations despite having paid fees and attended classes.

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